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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/27-24
(105 ILCS 5/27-24) (from Ch. 122, par. 27-24)
Sec. 27-24. Short title. Sections 27-24 through 27-24.10 of this Article are known and may be
cited as the Driver Education Act.
(Source: P.A. 98-756, eff. 7-16-14.)
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105 ILCS 5/27-24.1
(105 ILCS 5/27-24.1) (from Ch. 122, par. 27-24.1)
Sec. 27-24.1.
Definitions.
As used in the Driver Education Act unless the context otherwise
requires:
"State Board" means the State Board of Education;
"Driver education course" and "course" means a course of instruction
in the use and operation of cars, including instruction in the safe
operation of cars and rules of the road and the laws of this State
relating to motor vehicles, which meets the minimum requirements of this
Act and the rules and regulations issued thereunder by the
State Board and has been approved by the State
Board as meeting
such requirements;
"Car" means a motor vehicle of the first Division as defined in The
Illinois Vehicle Code;
"Motorcycle" or "motor driven cycle" means such a vehicle as defined
in The Illinois Vehicle Code;
"Driver's license" means any license or permit issued by the
Secretary of State under Chapter 6 of The Illinois Vehicle Code.
With reference to persons, the singular number includes the plural
and vice versa, and the masculine gender includes the feminine.
(Source: P.A. 81-1508.)
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105 ILCS 5/27-24.2 (105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2) Sec. 27-24.2. Safety education; driver education course. Instruction shall be given in safety education in each of grades one through 8, equivalent to one class period each week, and any school district which maintains
grades 9 through 12 shall offer a driver education course in any such school
which it operates. Its curriculum shall include content dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code, the rules adopted pursuant to those Chapters insofar as they pertain to the operation of motor vehicles, and the portions of the Litter Control Act relating to the operation of motor vehicles. The course of instruction given in grades 10 through 12 shall include an emphasis on the development of knowledge, attitudes, habits, and skills necessary for the safe operation of motor vehicles, including motorcycles insofar as they can be taught in the classroom, and instruction on distracted driving as a major traffic safety issue. In addition, the course shall include instruction on special hazards existing at and required safety and driving precautions that must be observed at emergency situations, highway construction and maintenance zones, and railroad crossings and the approaches thereto. Beginning with the 2017-2018 school year, the course shall also include instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement. The course of instruction required of each eligible student at the high school level shall consist of a minimum of 30 clock hours of classroom instruction and a minimum of 6 clock hours of individual behind-the-wheel instruction in a dual control car on public roadways taught by a driver education instructor endorsed by the State Board of Education. Both the classroom instruction part and the practice driving
part of such driver education course shall be open to a resident or
non-resident student attending a non-public school in the district wherein the
course is offered. Each student attending any public or non-public high school
in the district must receive a passing grade in at least 8 courses during the
previous 2 semesters prior to enrolling in a driver education course, or the
student shall not be permitted to enroll in the course; provided that the local
superintendent of schools (with respect to a student attending a public high
school in the district) or chief school administrator (with respect to a
student attending a non-public high school in the district) may waive the
requirement if the superintendent or chief school administrator, as the case
may be, deems it to be in the best interest of the student. A student may be allowed to commence the
classroom instruction part of such driver education course prior to reaching
age 15 if such student then will be eligible to complete the entire course
within 12 months after being allowed to commence such classroom instruction. A school district may offer a driver education course in a school by contracting with a commercial driver training school to provide both the classroom instruction part and the practice driving part or either one without having to request a modification or waiver of administrative rules of the State Board of Education if the school district approves the action during a public hearing on whether to enter into a contract with a commercial driver training school. The public hearing shall be held at a regular or special school board meeting prior to entering into such a contract. If a school district chooses to approve a contract with a commercial driver training school, then the district must provide evidence to the State Board of Education that the commercial driver training school with which it will contract holds a license issued by the Secretary of State under Article IV of Chapter 6 of the Illinois Vehicle Code and that each instructor employed by the commercial driver training school to provide instruction to students served by the school district holds a valid teaching license issued under the requirements of this Code and rules of the State Board of Education. Such evidence must include, but need not be limited to, a list of each instructor assigned to teach students served by the school district, which list shall include the instructor's name, personal identification number as required by the State Board of Education, birth date, and driver's license number. Once the contract is entered into, the school district shall notify the State Board of Education of any changes in the personnel providing instruction either (i) within 15 calendar days after an instructor leaves the program or (ii) before a new instructor is hired. Such notification shall include the instructor's name, personal identification number as required by the State Board of Education, birth date, and driver's license number. If the school district maintains an Internet website, then the district shall post a copy of the final contract between the district and the commercial driver training school on the district's Internet website. If no Internet website exists, then the school district shall make available the contract upon request. A record of all materials in relation to the contract must be maintained by the school district and made available to parents and guardians upon request. The instructor's date of birth and driver's license number and any other personally identifying information as deemed by the federal Driver's Privacy Protection Act of 1994 must be redacted from any public materials. Such a course may be commenced immediately after the completion of a prior
course. Teachers of such courses shall meet the licensure requirements of
this Code and regulations of the State Board as to qualifications. Subject to rules of the State Board of Education, the school district may charge a reasonable fee, not to exceed $50, to students who participate in the course, unless a student is unable to pay for such a course, in which event the fee for such a student must be waived. However, the district may increase this fee to an amount not to exceed $250 by school board resolution following a public hearing on the increase, which increased fee must be waived for students who participate in the course and are unable to pay for the course. The total amount from driver education fees and reimbursement from the State for driver education must not exceed the total cost of the driver education program in any year and must be deposited into the school district's driver education fund as a separate line item budget entry. All moneys deposited into the school district's driver education fund must be used solely for the funding of a high school driver education program approved by the State Board of Education that uses driver education instructors endorsed by the State Board of Education. (Source: P.A. 99-642, eff. 7-28-16; 99-720, eff. 1-1-17; 100-465, eff. 8-31-17.) |
105 ILCS 5/27-24.2a (105 ILCS 5/27-24.2a) Sec. 27-24.2a. Non-public school driver education course. Beginning with the 2017-2018 school year, any non-public school's driver education course shall include instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement.
(Source: P.A. 99-720, eff. 1-1-17 .) |
105 ILCS 5/27-24.3
(105 ILCS 5/27-24.3) (from Ch. 122, par. 27-24.3)
Sec. 27-24.3. Reimbursement. In order for the school district to receive reimbursement from the
State as hereinafter provided, the driver education course offered in
its schools shall consist of at least 30 clock hours of classroom
instruction and, subject to modification as hereinafter allowed, at
least 6 clock hours of practice driving in a car having dual operating
controls under direct individual instruction.
(Source: P.A. 95-310, eff. 7-1-08 .)
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105 ILCS 5/27-24.4
(105 ILCS 5/27-24.4) (from Ch. 122, par. 27-24.4)
Sec. 27-24.4. Reimbursement amount. (a) Each school district shall be entitled
to reimbursement for each student who finishes either the classroom instruction
part or the practice driving part of a
driver education course that meets the minimum requirements of this Act.
Reimbursement under this Act is payable from
the Drivers Education Fund in the State treasury.
Each year all funds appropriated from the Drivers
Education Fund to the
State Board of Education, with the exception of those funds necessary for
administrative purposes of the State Board of Education, shall be distributed
in the manner provided in this paragraph to school districts by the State Board of Education for reimbursement of
claims from the previous school year. As soon as may be after each quarter of the year, if moneys are available in the Drivers
Education Fund in the State treasury for payments under this Section, the State Comptroller shall draw his or her warrants upon the State Treasurer as directed by the State Board of Education. The warrant for each quarter shall be in an amount equal to one-fourth of the total amount to be distributed to school districts for the year. Payments shall be made to school districts as soon as may be after receipt of the warrants.
The base reimbursement amount shall be calculated by the State Board by
dividing the total amount appropriated for distribution by the total of:
(a) the number of students who have completed the classroom instruction
part for whom valid claims have been made times 0.2; plus (b) the number
of students who have
completed the practice driving instruction part for whom valid claims have
been made times 0.8.
The amount of reimbursement to be distributed on each claim shall be 0.2
times the base reimbursement amount for each validly claimed student who
has completed the classroom instruction part, plus 0.8 times the base reimbursement
amount for each validly claimed student who has completed the practice driving
instruction part. (b) The school district which is the residence of
a student who attends a nonpublic school in another district that has furnished the driver
education course shall reimburse the district offering the course, the
difference between the actual per capita cost of giving the course the
previous school year and the amount reimbursed by the State, which, for purposes of this subsection (b), shall be referred to as "course cost". If the course cost offered by the student's resident district is less than the course cost of the course in the district where the nonpublic school is located, then the student is responsible for paying the district that furnished the course the difference between the 2 amounts. If a nonpublic school student chooses to attend a driver's education course in a school district besides the district where the nonpublic school is located, then the student is wholly responsible for the course cost; however, the nonpublic school student may take the course in his or her resident district on the same basis as public school students who are enrolled in that district.
By April 1 the
nonpublic school shall notify the district offering the course of the
names and district numbers of the nonresident students desiring to take
such course the next school year. The district offering such course shall
notify the district of residence of those students affected by April 15.
The school district furnishing the course may claim the nonresident student
for the purpose of making a claim for State reimbursement under this Act.
(Source: P.A. 96-734, eff. 8-25-09; 97-1025, eff. 1-1-13.)
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105 ILCS 5/27-24.5
(105 ILCS 5/27-24.5) (from Ch. 122, par. 27-24.5)
Sec. 27-24.5. Submission of claims. The district shall report on forms prescribed
by the State Board, on an ongoing basis, a list of students by name, birth date
and sex, with the date
the
behind-the-wheel instruction or the classroom instruction or both were
completed
and with the
status of the course completion.
The State shall not reimburse any district for any student
who has
repeated any part of the course more than once or who did not meet the age
requirements of
this Act during the period that the student was instructed
in any part of the drivers education course.
(Source: P.A. 96-734, eff. 8-25-09.)
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105 ILCS 5/27-24.6
(105 ILCS 5/27-24.6) (from Ch. 122, par. 27-24.6)
Sec. 27-24.6. Attendance records. The school board shall require the teachers of drivers education courses
to keep daily attendance records for students attending such courses in the
same manner as is prescribed in Section 24-18 of this Act and such records
shall be used to prepare and certify claims made under the Driver Education
Act. Claims for reimbursement shall be made under oath or affirmation of
the chief school administrator for the district employed by the school
board
or authorized driver education personnel employed by the school board.
Whoever submits a false claim under the Driver Education Act or makes a
false record upon which a claim is based shall be fined in an amount equal
to the sum falsely claimed.
(Source: P.A. 96-734, eff. 8-25-09.)
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105 ILCS 5/27-24.7
(105 ILCS 5/27-24.7) (from Ch. 122, par. 27-24.7)
Sec. 27-24.7.
School code to apply.
The provisions of this Act not inconsistent with the provisions of the
Driver Education Act shall apply to the conduct of instruction offered by a
school district under the provisions of the Driver Education Act.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/27-24.8
(105 ILCS 5/27-24.8) (from Ch. 122, par. 27-24.8)
Sec. 27-24.8.
Rules and regulations.
The State Board may promulgate rules and regulations not
inconsistent with the provisions of the Driver Education Act for the
administration of the Driver Education Act.
(Source: P.A. 81-1508.)
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105 ILCS 5/27-24.9 (105 ILCS 5/27-24.9) Sec. 27-24.9. Driver education standards. The State Board of Education, in consultation with the Secretary of State, shall adopt course content standards for driver education for those persons under the age of 18 years, which shall include the operation and equipment of motor vehicles.
(Source: P.A. 97-1025, eff. 1-1-13.) |
105 ILCS 5/27-24.10 (105 ILCS 5/27-24.10) Sec. 27-24.10. Cost report. The State Board of Education shall annually prepare a report to be posted on the State Board's Internet website that indicates the approximate per capita driver education cost for each school district required to provide driver education. This report, compiled each spring from data reported the previous school year, shall be computed from expenditure data for driver education submitted by school districts on the annual financial statements required pursuant to Section 3-15.1 of this Code and the number of students provided driver education for that school year, as required to be reported under Section 27-24.5 of this Code.
(Source: P.A. 97-1025, eff. 1-1-13.) |
105 ILCS 5/prec. Sec. 27-25
(105 ILCS 5/prec. Sec. 27-25 heading)
NUCLEAR ENERGY EDUCATION ACT
(Repealed) (Source: Repealed by P.A. 95-793, eff. 1-1-09.)
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105 ILCS 5/27-25
(105 ILCS 5/27-25)
Sec. 27-25. (Repealed).
(Source: P.A. 76-1835. Repealed by P.A. 95-793, eff. 1-1-09.)
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105 ILCS 5/27-25.1
(105 ILCS 5/27-25.1)
Sec. 27-25.1. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
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105 ILCS 5/27-25.2
(105 ILCS 5/27-25.2)
Sec. 27-25.2. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
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105 ILCS 5/27-25.3
(105 ILCS 5/27-25.3)
Sec. 27-25.3. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
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105 ILCS 5/27-25.4
(105 ILCS 5/27-25.4)
Sec. 27-25.4. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
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105 ILCS 5/27-26
(105 ILCS 5/27-26)
Sec. 27-26. (Repealed).
(Source: P.A. 78-1245. Repealed by P.A. 94-600, eff. 8-16-05.)
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105 ILCS 5/27-27
(105 ILCS 5/27-27) (from Ch. 122, par. 27-27)
Sec. 27-27.
When school districts use a system of categorizing classes
of instruction by degree of difficulty and issues grades in accordance
therewith, identification of said system shall be reflected in the affected
students' class ranking and permanent records.
(Source: P.A. 81-707.)
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105 ILCS 5/Art. 27A
(105 ILCS 5/Art. 27A heading)
ARTICLE 27A
CHARTER SCHOOLS
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105 ILCS 5/27A-1
(105 ILCS 5/27A-1)
Sec. 27A-1.
Short title and application.
This Article may be cited as
the Charter Schools Law. This Article applies in all school districts,
including special charter districts and school districts located in cities
having a population of more than 500,000.
(Source: P.A. 89-450, eff. 4-10-96.)
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105 ILCS 5/27A-2
(105 ILCS 5/27A-2)
Sec. 27A-2.
Legislative declaration.
(a) The General Assembly finds and declares as follows:
(1) Encouraging educational excellence is in the best | | interests of the people of this State.
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(2) There are educators, community members, and
| | parents in Illinois who can offer flexible and innovative educational techniques and programs, but who lack an avenue through which to provide them within the public school system.
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(3) The enactment of legislation authorizing charter
| | schools to operate in Illinois will promote new options within the public school system and will provide pupils, educators, community members, and parents with the stimulus to strive for educational excellence.
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(b) The General Assembly further finds and declares that this Article is
enacted for the following purposes:
(1) To improve pupil learning by creating schools
| | with high, rigorous standards for pupil performance.
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(2) To increase learning opportunities for all
| | pupils, with special emphasis on expanded learning experiences for at-risk pupils, consistent, however, with an equal commitment to increase learning opportunities for all other groups of pupils in a manner that does not discriminate on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, marital status, or need for special education services.
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(3) To encourage the use of teaching methods that may
| | be different in some respects than others regularly used in the public school system.
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(4) To allow the development of new, different, or
| | alternative forms of measuring pupil learning and achievement.
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(5) To create new professional opportunities for
| | teachers, including the opportunity to be responsible for the learning program at the school site.
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(6) To provide parents and pupils with expanded
| | choices within the public school system.
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(7) To encourage parental and community involvement
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(8) To hold charter schools accountable for meeting
| | rigorous school content standards and to provide those schools with the opportunity to improve accountability.
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(c) In authorizing charter schools, it is the intent of the General Assembly
to create a legitimate avenue for parents,
teachers, and community members to take responsible risks and create new,
innovative, and more flexible ways of educating children
within the public
school system. The General Assembly seeks to create opportunities within the
public school system of Illinois for development of
innovative and accountable
teaching techniques.
The provisions of this
Article should be interpreted liberally to support the findings and goals of
this Section and to advance a renewed commitment by the State of Illinois to
the mission, goals, and diversity of public education.
(Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
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105 ILCS 5/27A-3
(105 ILCS 5/27A-3)
Sec. 27A-3. Definitions. For purposes of this Article:
"At-risk pupil" means a pupil who, because of physical, emotional,
socioeconomic, or cultural factors, is less likely to succeed in a conventional
educational environment.
"Authorizer" means an entity authorized under this Article to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee charter schools, and decide whether to renew, not renew, or revoke a charter. "Commission" means the State Charter School Commission established under Section 27A-7.5 of this Code. "Local school board" means the duly elected or appointed school board or
board of education of a public school district, including special charter
districts and school districts located in cities having a population of more
than 500,000, organized under the laws of this State.
"State Board" means the State Board of Education.
(Source: P.A. 97-152, eff. 7-20-11.)
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105 ILCS 5/27A-4
(105 ILCS 5/27A-4)
Sec. 27A-4. General provisions.
(a) The General Assembly does not intend to alter or amend the provisions
of any court-ordered desegregation plan in effect for any school district. A
charter school shall be subject to all federal and State laws and
constitutional provisions prohibiting discrimination on the basis of
disability, race, creed, color, gender, national origin, religion, ancestry,
marital status, or need for special education services.
(b) The total number of charter schools operating under this Article at any
one time shall not exceed 120. Not more than 70 charter
schools
shall operate at any one time in any city having a population exceeding
500,000, with at least 5 charter schools devoted exclusively to students from low-performing or overcrowded schools operating at any one time in that city; and not more than 45
charter schools shall operate at any one time in the remainder of the State, with not
more than one charter school that
has been initiated by a board of education, or
by an intergovernmental agreement between or among boards of education,
operating at any one
time in the school district where the charter school is located. In addition to these charter schools, up to but no more than 5 charter schools devoted exclusively to re-enrolled high school dropouts and/or students 16 or 15 years old at risk of dropping out may operate at any one time in any city having a population exceeding 500,000. Notwithstanding any provision to the contrary in subsection (b) of Section 27A-5 of this Code, each such dropout charter may operate up to 15 campuses within the city. Any of these dropout charters may have a maximum of 1,875 enrollment seats, any one of the campuses of the dropout charter may have a maximum of 165 enrollment seats, and each campus of the dropout charter must be operated, through a contract or payroll, by the same legal entity as that for which the charter is approved and certified.
For purposes of implementing this Section, the State Board shall assign a
number to each charter submission it receives under Section 27A-6 for its
review and certification, based on the chronological order in which the
submission is received by it. The State Board shall promptly notify local
school boards when the maximum numbers of certified charter schools authorized
to operate have been reached.
(c) No charter shall be granted under this Article that would convert any
existing private, parochial, or non-public school to a charter school.
(d) Enrollment in a charter school shall be open to any pupil who resides
within the geographic boundaries of the area served by the local school board, provided that the board of education in a city having a population exceeding 500,000 may designate attendance boundaries for no more than one-third of the charter schools permitted in the city if the board of education determines that attendance boundaries are needed to relieve overcrowding or to better serve low-income and at-risk students. Students residing within an attendance boundary may be given priority for enrollment, but must not be required to attend the charter school.
(e) Nothing in this Article shall prevent 2 or more local school boards from
jointly
issuing a charter to a single shared charter school, provided that all of the
provisions of this Article are met as to those local school boards.
(f) No local school board shall require any employee of the school district
to be employed in a charter school.
(g) No local school board shall require any pupil residing within the
geographic boundary of its district to enroll in a charter school.
(h) If there are more eligible applicants for enrollment in a charter school
than there are spaces available, successful applicants shall be selected by
lottery. However, priority shall be given to siblings of pupils enrolled in
the charter school and to pupils who were enrolled in the charter school the
previous school year, unless expelled for cause, and priority may be given to pupils residing within the charter school's attendance boundary, if a boundary has been designated by the board of education in a city having a population exceeding 500,000. Beginning with student enrollment for the 2015-2016 school year, any lottery required under this subsection (h) must be administered and videotaped by the charter school. The authorizer or its designee must be allowed to be present or view the lottery in real time. The charter school must maintain a videotaped record of the lottery, including a time/date stamp. The charter school shall transmit copies of the videotape and all records relating to the lottery to the authorizer on or before September 1 of each year. Subject to the requirements for priority applicant groups set forth in paragraph (1) of this subsection (h), any lottery required under this subsection (h) must be administered in a way that provides each student an equal chance at admission. If an authorizer makes a determination that a charter school's lottery is in violation of this subsection (h), it may administer the lottery directly. After a lottery, each student randomly selected for admission to the charter school must be notified. Charter schools may not create an admissions process subsequent to a lottery that may operate as a barrier to registration or enrollment. Charter schools may undertake additional intake activities, including without limitation student essays, school-parent compacts, or open houses, but in no event may a charter school require participation in these activities as a condition of enrollment. A charter school must submit an updated waitlist to the authorizer on a quarterly basis. A waitlist must be submitted to the authorizer at the same time as quarterly financial statements, if quarterly financial statements are required by the authorizer. Dual enrollment at both a
charter school and a public school or non-public school shall not be allowed.
A pupil who is suspended or expelled from a charter school shall be deemed to
be suspended or expelled from the public schools of the school district in
which the pupil resides. Notwithstanding anything to the contrary in this subsection (h): (1) any charter school with a mission exclusive to | | educating high school dropouts may grant priority admission to students who are high school dropouts and/or students 16 or 15 years old at risk of dropping out and any charter school with a mission exclusive to educating students from low-performing or overcrowded schools may restrict admission to students who are from low-performing or overcrowded schools; "priority admission" for charter schools exclusively devoted to re-enrolled dropouts or students at risk of dropping out means a minimum of 90% of students enrolled shall be high school dropouts; and
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(2) any charter school located in a school district
| | that contains all or part of a federal military base may set aside up to 33% of its current charter enrollment to students with parents assigned to the federal military base, with the remaining 67% subject to the general enrollment and lottery requirements of subsection (d) of this Section and this subsection (h); if a student with a parent assigned to the federal military base withdraws from the charter school during the course of a school year for reasons other than grade promotion, those students with parents assigned to the federal military base shall have preference in filling the vacancy.
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| (i) (Blank).
(j) Notwithstanding any other provision of law to the contrary, a
school district in a city having a population exceeding 500,000 shall not
have a duty to collectively bargain with an exclusive representative of its
employees over decisions to grant or deny a charter school proposal
under Section 27A-8 of this Code, decisions to renew or revoke a charter
under Section 27A-9 of this Code, and the impact of these decisions,
provided that nothing in this Section shall have the effect of negating,
abrogating, replacing, reducing, diminishing, or limiting in any way
employee rights, guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, 14, and 15 of the Illinois Educational Labor Relations Act.
(k) In this Section:
"Low-performing school" means a public school in a school district organized under Article 34 of this Code that enrolls students in any of grades kindergarten through 8 and that is ranked within the lowest 10% of schools in that district in terms of the percentage of students meeting or exceeding standards on the assessments required under Section 2-3.64a-5 of this Code.
"Overcrowded school" means a public school in a school district organized under Article 34 of this Code that (i) enrolls students in any of grades kindergarten through 8, (ii) has a percentage of low-income students of 70% or more, as identified in the most recently available School Report Card published by the State Board of Education, and (iii) is determined by the Chicago Board of Education to be in the most severely overcrowded 5% of schools in the district. On or before November 1 of each year, the Chicago Board of Education shall file a report with the State Board of Education on which schools in the district meet the definition of "overcrowded school". "Students at risk of dropping out" means students 16 or 15 years old in a public school in a district organized under Article 34 of this Code that enrolls students in any grades 9-12 who have been absent at least 90 school attendance days of the previous 180 school attendance days.
(l) For advertisements created after January 1, 2015 (the effective date of Public Act 98-783), any advertisement, including a radio, television, print, Internet, social media, or billboard advertisement, purchased by a school district or public school, including a charter school, with public funds must include a disclaimer stating that the advertisement was paid for using public funds.
This disclaimer requirement does not extend to materials created by the charter school, including, but not limited to, a school website, informational pamphlets or leaflets, or clothing with affixed school logos.
(Source: P.A. 98-474, eff. 8-16-13; 98-783, eff. 1-1-15; 98-972, eff. 8-15-14; 99-78, eff. 7-20-15.)
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105 ILCS 5/27A-5
(105 ILCS 5/27A-5)
(Text of Section from P.A. 100-726)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
charter
school status.
Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new
applications to establish
a charter
school in a city having a population exceeding 500,000, operation of the
charter
school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3). (b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times. From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013. On or before March 1, 2014, the Commission shall submit to the General Assembly a report on the effect of virtual-schooling, including without limitation the effect on student performance, the costs associated with virtual-schooling, and issues with oversight. The report shall include policy recommendations for virtual-schooling.
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act.
(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education. A charter school shall comply with all non-curricular health and safety
requirements applicable to public schools under the laws of the State of
Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and
its charter. A charter
school is exempt from all other State laws and regulations in this Code
governing public
schools and local school board policies; however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code | | regarding criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database of applicants for employment;
|
|
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
| | 34-84a of this Code regarding discipline of students;
|
|
(3) the Local Governmental and Governmental Employees
| |
(4) Section 108.75 of the General Not For Profit
| | Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;
|
|
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
| | subsection (b) of Section 34-18.6 of this Code;
|
| (6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school
| |
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
| | (10) Section 2-3.162 of this Code regarding student
| | (11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Section 26-18 of this Code; and
(15) Section 22-30 of this Code.
The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
However, a charter school
that is established on
or
after April 16, 2003 (the effective date of Public Act 93-3) and that operates
in a city having a population exceeding
500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and
concludes at the end of the 2004-2005 school year.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
contracts
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is approved by the Commission, then the Commission charter school is its own local education agency.
(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19.)
(Text of Section from P.A. 100-863)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
charter
school status.
Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new
applications to establish
a charter
school in a city having a population exceeding 500,000, operation of the
charter
school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times.
From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.
On or before March 1, 2014, the Commission shall submit to the General Assembly a report on the effect of virtual-schooling, including without limitation the effect on student performance, the costs associated with virtual-schooling, and issues with oversight. The report shall include policy recommendations for virtual-schooling.
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act.
(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education.
A charter school shall comply with all non-curricular health and safety
requirements applicable to public schools under the laws of the State of
Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and
its charter. A charter
school is exempt from all other State laws and regulations in this Code
governing public
schools and local school board policies; however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code
| | regarding criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database of applicants for employment;
|
|
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
| | 34-84a of this Code regarding discipline of students;
|
|
(3) the Local Governmental and Governmental Employees
| |
(4) Section 108.75 of the General Not For Profit
| | Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;
|
|
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
| | subsection (b) of Section 34-18.6 of this Code;
|
| (6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school
| |
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
| | (10) Section 2-3.162 of this Code regarding student
| | (11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code; and
(14) Section 26-18 of this Code.
The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
However, a charter school
that is established on
or
after April 16, 2003 (the effective date of Public Act 93-3) and that operates
in a city having a population exceeding
500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and
concludes at the end of the 2004-2005 school year.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
contracts
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is approved by the Commission, then the Commission charter school is its own local education agency.
(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. 6-1-18; 100-863, eff. 8-14-18.)
|
105 ILCS 5/27A-5.5 (105 ILCS 5/27A-5.5) Sec. 27A-5.5. Charter school truancy. (a) A charter school shall comply with all applicable absenteeism and truancy policies and requirements applicable to public schools under the laws of the State of Illinois. (b) A charter school shall define a truant as a child who is subject to compulsory school attendance and who is absent without valid cause from such attendance for a school day or portion thereof. (c) A charter school shall define a chronic or habitual truant as a child who is subject to compulsory school attendance and who is absent without valid cause from such attendance for 5% or more of the previous 180 regular attendance days. (d) A charter school shall define a truant minor as a chronic truant to whom supportive services, including prevention, diagnostic, intervention, and remedial services, alternative programs, and other school and community resources have been provided and have failed to result in the cessation of chronic truancy or have been offered and refused. (e) A charter school shall define a dropout as any child enrolled in grades 9 through 12 whose name has been removed from the charter school enrollment roster for any reason other than the student's death, extended illness, removal for medical non-compliance, expulsion, aging out, graduation, or completion of a program of studies and who has not transferred to another public or private school and is not known to be home-schooled by his or her parents or guardians or continuing school in another country.
(Source: P.A. 99-596, eff. 6-22-16.) |
105 ILCS 5/27A-6
(105 ILCS 5/27A-6)
Sec. 27A-6. Contract contents; applicability of laws and regulations.
(a) A certified charter shall constitute a binding contract and agreement
between
the charter school and a local school board under the terms of which the local
school board authorizes the governing body of the charter school to operate the
charter
school on the terms specified in the contract.
(b) Notwithstanding any other provision of this Article, the certified
charter
may
not waive or release the charter school from the State goals, standards, and
assessments established pursuant to Section 2-3.64a-5 of this Code.
Beginning with the 2003-2004 school year, the certified charter for a charter
school operating in a city having a population exceeding 500,000 shall
require the charter school to administer any other nationally recognized
standardized tests to its students that the chartering entity administers to
other
students, and the results on such tests shall be included in the
chartering entity's assessment reports.
(c) Subject to the provisions of subsection (e), a material revision to a
previously certified contract or a renewal shall be made with
the approval of both the local school board and the governing body of the
charter school.
(c-5) The proposed contract shall include a provision on how both parties
will address minor violations of the contract.
(d) The proposed contract between the governing body of a proposed charter
school and the local school board as described in Section 27A-7 must be
submitted to and certified by the State Board before it can take effect. If
the State Board recommends that the proposed contract be modified for
consistency with this Article before it can be certified, the modifications
must be consented to by both the governing body of
the charter school and the local school board, and resubmitted to the State
Board for its certification. If the proposed contract is resubmitted in a form
that is not consistent with this Article, the State
Board may refuse to certify the charter.
The State Board shall assign a number to each submission or resubmission in
chronological order of receipt, and shall determine whether the proposed
contract is consistent with the provisions of this Article. If the proposed
contract complies, the State Board shall so certify.
(e) No renewal of a previously certified contract is effective unless and until the State Board certifies that the renewal is consistent with the provisions of this Article. A material revision to a previously certified contract may go into effect immediately upon approval of both the local school board and the governing body of the charter school, unless either party requests in writing that the State Board certify that the material revision is consistent with the provisions of this Article. If such a request is made, the proposed material revision is not effective unless and until the State Board so certifies.
(Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14; 99-78, eff. 7-20-15.)
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105 ILCS 5/27A-6.5
(105 ILCS 5/27A-6.5)
Sec. 27A-6.5. Charter school referendum.
(a) No charter shall go into effect under this Section that would convert any
existing private, parochial, or non-public school to a charter school or whose
proposal has not been
certified by the State Board.
(b) A local school board shall, whenever petitioned to do so by 5% or more
of
the
voters of a school district or districts identified in a charter school
proposal, order submitted to the voters thereof at a
regularly scheduled
election the question of whether a new charter school shall be established,
which
proposal
has been found by the Commission to be in compliance with the
provisions of this Article,
and the secretary shall certify the proposition to the proper election
authorities
for submission in accordance with the general election law. The proposition
shall be in
substantially the following form:
"FOR the establishment of (name of proposed charter | | school) under charter school proposal (charter school proposal number).
|
|
AGAINST the establishment of (name of proposed
| | charter school) under charter school proposal (charter school proposal number)".
|
|
(c) Before circulating a petition to submit the question of whether to
establish a charter school to the voters under subsection (b) of this Section,
the governing body of a
proposed charter
school
that desires to establish a
new charter
school by referendum shall submit the charter school proposal to
the Commission
in the form of a proposed contract to be entered into
between the Commission
and the governing body of the proposed charter school, together with written notice of the intent to have
a new charter school established by referendum.
The contract shall comply with the provisions of this Article.
If the Commission finds that the proposed contract complies with the
provisions
of this Article, it
shall
immediately
direct the
local school board to notify the proper
election authorities that the question of whether to establish a new charter
school
shall be submitted for referendum.
(d) If the Commission finds that the proposal fails to comply with the
provisions of this Article, it shall provide
written explanation, detailing its reasons for refusal, to the local school
board and
to the individuals or organizations submitting the proposal. The Commission shall also notify the local school board and the individuals or
organizations submitting the proposal that the proposal may be amended and
resubmitted under the same provisions required for an original submission.
(e) If a majority of the votes cast upon the proposition in each school
district designated in the charter school proposal is in favor of
establishing
a charter school, the local school board shall notify the State Board and the Commission of
the
passage of
the proposition in favor of establishing a charter school and the Commission
shall approve the charter within 7 days
after
the State Board of Elections has certified that a
majority
of the votes cast upon the proposition is in favor of establishing a charter
school. The Commission shall be the chartering entity for charter
schools established by referendum under this Section.
(f) The State Board shall determine whether the charter proposal approved by the Commission is consistent with the provisions of this Article and, if the approved proposal complies, certify the proposal pursuant to this Article.
(Source: P.A. 98-739, eff. 7-16-14.)
|
105 ILCS 5/27A-7
(105 ILCS 5/27A-7)
Sec. 27A-7. Charter submission.
(a) A proposal to establish a charter school shall be submitted to the local school board and the State Board for certification under Section 27A-6 of this Code in the form of a proposed contract
entered
into between the local school board and the governing body of a proposed
charter school. The
charter school proposal shall include:
(1) The name of the proposed charter school, which | | must include the words "Charter School".
|
|
(2) The age or grade range, areas of focus, minimum
| | and maximum numbers of pupils to be enrolled in the charter school, and any other admission criteria that would be legal if used by a school district.
|
|
(3) A description of and address for the physical
| | plant in which the charter school will be located; provided that nothing in the Article shall be deemed to justify delaying or withholding favorable action on or approval of a charter school proposal because the building or buildings in which the charter school is to be located have not been acquired or rented at the time a charter school proposal is submitted or approved or a charter school contract is entered into or submitted for certification or certified, so long as the proposal or submission identifies and names at least 2 sites that are potentially available as a charter school facility by the time the charter school is to open.
|
|
(4) The mission statement of the charter school,
| | which must be consistent with the General Assembly's declared purposes; provided that nothing in this Article shall be construed to require that, in order to receive favorable consideration and approval, a charter school proposal demonstrate unequivocally that the charter school will be able to meet each of those declared purposes, it being the intention of the Charter Schools Law that those purposes be recognized as goals that charter schools must aspire to attain.
|
|
(5) The goals, objectives, and pupil performance
| | standards to be achieved by the charter school.
|
|
(6) In the case of a proposal to establish a charter
| | school by converting an existing public school or attendance center to charter school status, evidence that the proposed formation of the charter school has received the approval of certified teachers, parents and guardians, and, if applicable, a local school council as provided in subsection (b) of Section 27A-8.
|
|
(7) A description of the charter school's educational
| | program, pupil performance standards, curriculum, school year, school days, and hours of operation.
|
|
(8) A description of the charter school's plan for
| | evaluating pupil performance, the types of assessments that will be used to measure pupil progress towards achievement of the school's pupil performance standards, the timeline for achievement of those standards, and the procedures for taking corrective action in the event that pupil performance at the charter school falls below those standards.
|
|
(9) Evidence that the terms of the charter as
| | proposed are economically sound for both the charter school and the school district, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, are to be conducted, and a plan for the displacement of pupils, teachers, and other employees who will not attend or be employed in the charter school.
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|
(10) A description of the governance and operation of
| | the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school.
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|
(11) An explanation of the relationship that will
| | exist between the charter school and its employees, including evidence that the terms and conditions of employment have been addressed with affected employees and their recognized representative, if any. However, a bargaining unit of charter school employees shall be separate and distinct from any bargaining units formed from employees of a school district in which the charter school is located.
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(12) An agreement between the parties regarding their
| | respective legal liability and applicable insurance coverage.
|
|
(13) A description of how the charter school plans to
| | meet the transportation needs of its pupils, and a plan for addressing the transportation needs of low-income and at-risk pupils.
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(14) The proposed effective date and term of the
| | charter; provided that the first day of the first academic year shall be no earlier than August 15 and no later than September 15 of a calendar year, and the first day of the fiscal year shall be July 1.
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|
(14.5) Disclosure of any known active civil or
| | criminal investigation by a local, state, or federal law enforcement agency into an organization submitting the charter school proposal or a criminal investigation by a local, state, or federal law enforcement agency into any member of the governing body of that organization. For the purposes of this subdivision (14.5), a known investigation means a request for an interview by a law enforcement agency, a subpoena, an arrest, or an indictment. Such disclosure is required for a period from the initial application submission through 10 business days prior to the authorizer's scheduled decision date.
|
| (15) Any other information reasonably required by the
| | State Board of Education.
|
|
(b) A proposal to establish a charter school may be initiated by individuals
or organizations that will have
majority representation on the board of directors or other governing body of
the corporation or other discrete legal entity that is to be established to
operate the proposed charter school, by a board of education or an
intergovernmental agreement between or among boards of education, or by the
board of directors or other
governing body of a discrete legal entity already existing or established to
operate the proposed
charter school. The individuals or organizations referred to in this
subsection may be school teachers, school administrators, local school
councils, colleges or
universities or their faculty
members, public community colleges or their instructors or other
representatives, corporations, or other entities or their
representatives. The proposal shall be
submitted to the local school board for consideration and, if
appropriate, for
development of a proposed contract to be submitted to the State Board for
certification under
Section 27A-6.
(c) The local school board may not without the consent of the governing body
of the charter school condition its approval of a charter school proposal on
acceptance of an agreement to operate under State laws and regulations and
local school board policies from which the charter school is otherwise exempted
under this Article.
(Source: P.A. 98-739, eff. 7-16-14; 98-1048, eff. 8-25-14; 99-78, eff. 7-20-15; 99-334, eff. 8-10-15.)
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105 ILCS 5/27A-7.5 (105 ILCS 5/27A-7.5) Sec. 27A-7.5. State Charter School Commission. (a) A State Charter School Commission is established as an independent commission with statewide chartering jurisdiction and authority. The Commission shall be under the State Board for administrative purposes only. (a-5) The State Board shall provide administrative support to the Commission as needed. (b) The Commission is responsible for authorizing high-quality charter schools throughout this State, particularly schools designed to expand opportunities for at-risk students, consistent with the purposes of this Article. (c) The Commission shall consist of 9 members, appointed by the State Board. The State Board shall make these appointments from a slate of candidates proposed by the Governor, within 60 days after the effective date of this amendatory Act of the 97th General Assembly with respect to the initial Commission members. In making the appointments, the State Board shall ensure statewide geographic diversity among Commission members. The Governor shall propose a slate of candidates to the State Board within 60 days after the effective date of this amendatory Act of the 97th General Assembly and 60 days prior to the expiration of the term of a member thereafter. If the Governor fails to timely propose a slate of candidates according to the provisions of this subsection (c), then the State Board may appoint the member or members of the Commission. (d) Members appointed to the Commission shall collectively possess strong experience and expertise in public and nonprofit governance, management and finance, public school leadership, higher education, assessments, curriculum and instruction, and public education law. All members of the Commission shall have demonstrated understanding of and a commitment to public education, including without limitation charter schooling. At least 3 members must have past experience with urban charter schools. (e) To establish staggered terms of office, the initial term of office for 3 Commission members shall be 4 years and thereafter shall be 4 years; the initial term of office for another 3 members shall be 3 years and thereafter shall be 4 years; and the initial term of office for the remaining 3 members shall be 2 years and thereafter shall be 4 years. The initial appointments must be made no later than October 1, 2011. (f) Whenever a vacancy on the Commission exists, the State Board shall appoint a member for the remaining portion of the term. (g) Subject to the State Officials and Employees Ethics Act, the Commission is authorized to receive and expend gifts, grants, and donations of any kind from any public or private entity to carry out the purposes of this Article, subject to the terms and conditions under which they are given, provided that all such terms and conditions are permissible under law. Funds received under this subsection (g) must be deposited into the State Charter School Commission Fund. The State Charter School Commission Fund is created as a special fund in the State treasury. All money in the Fund shall be used, subject to appropriation, by the State Board, acting on behalf and with the consent of the Commission, for operational and administrative costs of the Commission. Subject to appropriation, any funds appropriated for use by the State Board, acting on behalf and with the consent of the Commission, may be used for the following purposes, without limitation: personal services, contractual services, and other operational and administrative costs. The State Board is further authorized to make expenditures with respect to any other amounts deposited in accordance with law into the State Charter School Commission Fund. (g-5) Funds or spending authority for the operation and administrative costs of the Commission shall be appropriated to the State Board in a separate line item. The State Superintendent of Education may not reduce or modify the budget of the Commission or use funds appropriated to the Commission without the approval of the Commission. (h) The Commission shall operate with dedicated resources and staff qualified to execute the day-to-day responsibilities of charter school authorizing in accordance with this Article. The Commission may employ and fix the compensation of such employees and technical assistants as it deems necessary to carry out its powers and duties under this Article, without regard to the requirements of any civil service or personnel statute; and may establish and administer standards of classification of all such persons with respect to their compensation, duties, performance, and tenure and enter into contracts of employment with such persons for such periods and on such terms as the Commission deems desirable. (i) Every 2 years, the Commission shall provide to the State Board and local school boards a report on best practices in charter school authorizing, including without limitation evaluating applications, oversight of charters, and renewal of charter schools. (j) The Commission may charge a charter school that it authorizes a fee, not to exceed 3% of the revenue provided to the school, to cover the cost of undertaking the ongoing administrative responsibilities of the eligible chartering authority with respect to the school. This fee must be deposited into the State Charter School Commission Fund. (k) Any charter school authorized by the State Board prior to this amendatory Act of the 97th General Assembly shall have its authorization transferred to the Commission upon a vote of the State Board, which shall then become the school's authorizer for all purposes under this Article. However, in no case shall such transfer take place later than July 1, 2012. At this time, all of the powers, duties, assets, liabilities, contracts, property, records, and pending business of the State Board as the school's authorizer must be transferred to the Commission. Any charter school authorized by a local school board or boards may seek transfer of authorization to the Commission during its current term only with the approval of the local school board or boards. At the end of its charter term, a charter school authorized by a local school board or boards must reapply to the board or boards before it may apply for authorization to the Commission under the terms of this amendatory Act of the 97th General Assembly. On the effective date of this amendatory Act of the 97th General Assembly, all rules of the State Board applicable to matters falling within the responsibility of the Commission shall be applicable to the actions of the Commission. The Commission shall thereafter have the authority to propose to the State Board modifications to all rules applicable to matters falling within the responsibility of the Commission. The State Board shall retain rulemaking authority for the Commission, but shall work jointly with the Commission on any proposed modifications. Upon recommendation of proposed rule modifications by the Commission and pursuant to the Illinois Administrative Procedure Act, the State Board shall consider such changes within the intent of this amendatory Act of the 97th General Assembly and grant any and all changes consistent with that intent. (l) The Commission shall have the responsibility to consider appeals under this Article immediately upon appointment of the initial members of the Commission under subsection (c) of this Section. Appeals pending at the time of initial appointment shall be determined by the Commission; the Commission may extend the time for review as necessary for thorough review, but in no case shall the extension exceed the time that would have been available had the appeal been submitted to the Commission on the date of appointment of its initial members. In any appeal filed with the Commission under this Article, both the applicant and the school district in which the charter school plans to locate shall have the right to request a hearing before the Commission. If more than one entity requests a hearing, then the Commission may hold only one hearing, wherein the applicant and the school district shall have an equal opportunity to present their respective positions.
(Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11; 97-1156, eff. 1-25-13.) |
105 ILCS 5/27A-7.10 (105 ILCS 5/27A-7.10) Sec. 27A-7.10. Authorizer powers and duties; immunity; principles and standards. (a) Authorizers are responsible for executing, in accordance with this Article, all of the following powers and duties: (1) Soliciting and evaluating charter applications. (2) Approving quality charter applications that meet | | identified educational needs and promote a diversity of educational choices.
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| (3) Declining to approve weak or inadequate charter
| | (4) Negotiating and executing sound charter contracts
| | with each approved charter school.
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| (5) Monitoring, in accordance with charter contract
| | terms, the performance and legal compliance of charter schools.
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| (6) Determining whether each charter contract merits
| | renewal, nonrenewal, or revocation.
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| (b) An authorizing entity may delegate its duties to officers, employees, and contractors.
(c) Regulation by authorizers is limited to the powers and duties set forth in subsection (a) of this Section and must be consistent with the spirit and intent of this Article.
(d) An authorizing entity, members of the local school board, or the Commission, in their official capacity, and employees of an authorizer are immune from civil and criminal liability with respect to all activities related to a charter school that they authorize, except for willful or wanton misconduct.
(e) The Commission and all local school boards that have a charter school operating are required to develop and maintain chartering policies and practices consistent with recognized principles and standards for quality charter authorizing in all major areas of authorizing responsibility, including all of the following:
(1) Organizational capacity and infrastructure.
(2) Soliciting and evaluating charter applications.
(3) Performance contracting.
(4) Ongoing charter school oversight and evaluation.
(5) Charter renewal decision-making.
Authorizers shall carry out all their duties under this Article in a manner consistent with nationally recognized principles and standards and with the spirit and intent of this Article.
(Source: P.A. 97-152, eff. 7-20-11.)
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105 ILCS 5/27A-8
(105 ILCS 5/27A-8)
Sec. 27A-8. Evaluation of charter proposals.
(a) This Section does not apply to a charter school established by
referendum under
Section 27A-6.5.
In evaluating any charter
school proposal submitted to it, the local school board and the Commission shall give preference
to proposals that:
(1) demonstrate a high level of local pupil, | | parental, community, business, and school personnel support;
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(2) set rigorous levels of expected pupil achievement
| | and demonstrate feasible plans for attaining those levels of achievement; and
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(3) are designed to enroll and serve a substantial
| | proportion of at-risk children; provided that nothing in the Charter Schools Law shall be construed as intended to limit the establishment of charter schools to those that serve a substantial portion of at-risk children or to in any manner restrict, limit, or discourage the establishment of charter schools that enroll and serve other pupil populations under a nonexclusive, nondiscriminatory admissions policy.
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(b) In the case of a proposal to establish a charter school by converting an
existing public school or attendance center to charter school status, evidence
that the proposed formation of the charter school has received majority support
from certified teachers and from parents and guardians in the school or
attendance center affected by the proposed charter, and, if applicable, from a
local school council, shall be demonstrated by a petition in support of the
charter school signed by certified teachers and a petition in support of the
charter school signed by parents and guardians and, if applicable, by a vote of
the local school council held at a public meeting. In the case of all other
proposals to establish a charter school, evidence of sufficient support to fill
the number of pupil seats set forth in the proposal may be
demonstrated by a
petition in support of the charter school signed by parents and guardians of
students eligible to attend the charter school.
In all cases, the individuals, organizations, or entities who initiate
the proposal to establish a charter school may elect, in lieu of including any
petition referred to in this subsection as a part of the proposal submitted to
the local school board, to demonstrate that the charter school has
received the support referred to in this subsection by other evidence and
information presented at the public meeting that the local school board is
required to convene under this Section.
(c) Within 45 days of receipt of a charter school proposal, the local school
board shall convene a public meeting to obtain information to assist the board
in its decision to grant or deny the charter school proposal. A local school board may develop its own process for receiving charter school proposals on an annual basis that follows the same timeframes as set forth in this Article. Only after the local school board process is followed may a charter school applicant appeal to the Commission.
(d) Notice of the public meeting required by this Section shall be published
in a community newspaper published in the school district in which the proposed
charter is located and, if there is no such newspaper, then in a newspaper
published in the county and having circulation in the school district. The
notices shall be published not more than 10 days nor less than 5 days before
the meeting and shall state that information regarding a charter school
proposal will be heard at the meeting. Copies of the notice shall also be
posted at appropriate locations in the school or attendance center proposed to
be established as a charter school, the public schools in the school district,
and the local school board office. If 45 days pass without the local school board holding a public meeting, then the charter applicant may submit the proposal to the Commission, where it must be addressed in accordance with the provisions set forth in subsection (g) of this Section.
(e) Within 30 days of the public meeting, the local school board shall vote,
in a public meeting, to either grant or deny the charter school proposal. If the local school board has not voted in a public meeting within 30 days after the public meeting, then the charter applicant may submit the proposal to the Commission, where it must be addressed in accordance with the provisions set forth in subsection (g) of this Section.
(f) Within 7 days of the public meeting required under subsection (e) of this Section, the
local school board shall file a report with the State Board
granting or denying the proposal.
If the local school board has approved the proposal, within 30 days of receipt of the local school board's
report, the State Board shall determine whether the approved charter
proposal is consistent with the
provisions of this Article and, if the approved proposal
complies,
certify the proposal pursuant to Section 27A-6.
(g) If the local school board votes to deny the proposal, then the charter school applicant has 30 days from the date of that vote to submit an appeal to the Commission. In such instances or in those instances referenced in subsections (d) and (e) of this Section, the Commission shall follow the same process and be subject to the same timelines for review as the local school board.
(h) The Commission may reverse a local school board's decision to deny a charter school proposal if the Commission finds that the proposal (i) is in compliance with this Article and (ii) is in the best interests of the students the charter school is designed to serve. Final decisions of the Commission are subject to judicial review under the Administrative Review Law.
(i) In the case of a charter school proposed to be jointly authorized by 2 or more school districts, the local school boards may unanimously deny the charter school proposal with a statement that the local school boards are not opposed to the charter school, but that they yield to the Commission in light of the complexities of joint administration.
(Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-152, eff. 7-20-11.)
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105 ILCS 5/27A-9
(105 ILCS 5/27A-9)
Sec. 27A-9. Term of charter; renewal.
(a) For charters granted before January 1, 2017 (the effective date of Public Act 99-840), a charter may be granted for a period not less than 5 and not
more than
10
school years. For charters granted on or after January 1, 2017 (the effective date of Public Act 99-840), a charter shall be granted for a period of 5
school years. For charters renewed before January 1, 2017 (the effective date of Public Act 99-840), a charter may be renewed in incremental periods not to exceed
5
school years. For charters renewed on or after January 1, 2017 (the effective date of Public Act 99-840), a charter may be renewed in incremental periods not to exceed 10 school years; however, the Commission may renew a charter only in incremental periods not to exceed 5 years. Authorizers shall ensure that every charter granted on or after January 1, 2017 (the effective date of Public Act 99-840) includes standards and goals for academic, organizational, and financial performance. A charter must meet all standards and goals for academic, organizational, and financial performance set forth by the authorizer in order to be renewed for a term in excess of 5 years but not more than 10 years. If an authorizer fails to establish standards and goals, a charter shall not be renewed for a term in excess of 5 years. Nothing contained in this Section shall require an authorizer to grant a full 10-year renewal term to any particular charter school, but an authorizer may award a full 10-year renewal term to charter schools that have a demonstrated track record of improving student performance.
(b) A charter school renewal proposal submitted to the
local school board or the Commission, as the chartering entity,
shall contain:
(1) A report on the progress of the charter school in | | achieving the goals, objectives, pupil performance standards, content standards, and other terms of the initial approved charter proposal; and
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(2) A financial statement that discloses the costs of
| | administration, instruction, and other spending categories for the charter school that is understandable to the general public and that will allow comparison of those costs to other schools or other comparable organizations, in a format required by the State Board.
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(c) A charter may be revoked
or not renewed if the local school board or the Commission, as the chartering
entity,
clearly demonstrates that the
charter school did any of the
following, or otherwise failed to comply with the requirements of this law:
(1) Committed a material violation of any of the
| | conditions, standards, or procedures set forth in the charter.
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(2) Failed to meet or make reasonable progress toward
| | achievement of the content standards or pupil performance standards identified in the charter.
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(3) Failed to meet generally accepted standards of
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(4) Violated any provision of law from which the
| | charter school was not exempted.
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In the case of revocation, the local school board or the Commission, as the chartering entity, shall notify the charter school in writing of the reason why the charter is subject to revocation. The charter school shall submit a written plan to the local school board or the Commission, whichever is applicable, to rectify the problem. The plan shall include a timeline for implementation, which shall not exceed 2 years or the date of the charter's expiration, whichever is earlier. If the local school board or the Commission, as the chartering entity, finds that the charter school has failed to implement the plan of remediation and adhere to the timeline, then the chartering entity shall revoke the charter. Except in situations of an emergency where the health, safety, or education of the charter school's students is at risk, the revocation shall take place at the end of a school year. Nothing in Public Act 96-105 shall be construed to prohibit an implementation timetable that is less than 2 years in duration.
(d) (Blank).
(e) Notice of a local school board's decision to
deny, revoke, or not
renew a charter shall be provided to the Commission and the State Board.
The Commission may reverse a local board's
decision
if the Commission finds
that the charter school or charter school proposal (i) is in compliance with
this Article, and (ii) is in the best interests of the students it is designed
to serve.
The Commission may condition the granting of an appeal on the acceptance by
the charter school of funding in an amount less than that requested in the
proposal submitted to the local school board.
Final decisions of the Commission shall be subject
to judicial review under the Administrative Review Law.
(f) Notwithstanding other provisions of this Article, if the Commission
on appeal reverses a local board's decision
or if a charter school is
approved by referendum,
the Commission
shall act as the
authorized chartering entity for the charter school.
The Commission shall
approve the charter and shall perform all functions
under this
Article otherwise performed by the local school
board. The State Board shall determine whether the charter proposal approved by the Commission is consistent with the provisions of this Article and, if the approved proposal complies, certify the proposal pursuant to this Article. The State Board shall
report the aggregate number of charter school pupils resident in a school
district to that district
and shall notify the district
of the amount of
funding to be paid by the State Board to the charter school enrolling such
students.
The Commission shall require the
charter school to maintain accurate records of daily attendance that shall be
deemed sufficient to file claims under Section 18-8.05 or 18-8.15 notwithstanding any
other requirements of that Section regarding hours of instruction and teacher
certification.
The State Board shall withhold from funds otherwise due the district
the funds authorized by this Article to be paid to the charter school and shall
pay such amounts to the charter school.
(g) For charter schools authorized by the Commission, the Commission shall quarterly certify to the State Board the student enrollment for each of its charter schools.
(h) For charter schools authorized by the Commission, the State Board shall pay directly to a charter school any federal or State aid attributable to a student with a disability attending the school.
(Source: P.A. 99-840, eff. 1-1-17; 100-201, eff. 8-18-17; 100-465, eff. 8-31-17.)
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105 ILCS 5/27A-10
(105 ILCS 5/27A-10)
Sec. 27A-10. Employees.
(a) A person shall be deemed to be employed by a charter school unless a
collective bargaining agreement or the charter school
contract otherwise provides.
(b) In all school districts, including special charter districts and
districts located in
cities having a population exceeding 500,000, the local school board shall
determine by policy or by negotiated
agreement, if one exists, the employment status of any school district
employees who are employed by a charter school and who seek to return to
employment in the public
schools of the district. Each local school board shall grant, for a period of
up to 5 years, a leave of absence to those of its teachers who accept
employment with a charter school. At the end of the authorized leave of
absence, the teacher must return to the school district or resign; provided,
however, that if the teacher chooses to return to the school district, the
teacher must be assigned to a position which requires the teacher's
certification and legal qualifications. The
contractual
continued service status and retirement benefits of a
teacher of the district who is granted a leave of absence to accept employment
with a charter school shall not be affected by that leave of absence.
(c) Charter schools shall employ in instructional positions, as defined in
the charter, individuals who are certificated under Article 21 of this
Code or who possess the following qualifications:
(i) graduated with a bachelor's degree from an | | accredited institution of higher learning;
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(ii) been employed for a period of at least 5 years
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(iii) passed the tests of basic skills and subject
| | matter knowledge required by Section 21-1a of the School Code; and
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(iv) demonstrate continuing evidence of professional
| | growth which shall include, but not be limited to, successful teaching experience, attendance at professional meetings, membership in professional organizations, additional credits earned at institutions of higher learning, travel specifically for educational purposes, and reading of professional books and periodicals.
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(c-5) Charter schools employing individuals without certification in
instructional positions shall provide such mentoring, training, and staff
development for those individuals as the charter schools determine necessary
for satisfactory performance in the classroom.
At least 50% of the
individuals
employed in instructional positions by a charter school that is operating in a
city
having a population exceeding 500,000 and that is
established on or after April 16, 2003 shall hold teaching certificates issued under
Article 21 of this Code.
At
least 75% of the individuals employed in instructional positions by a
charter school that is operating in a city having a population exceeding
500,000 and that was
established before April 16, 2003 shall hold teaching certificates issued under
Article 21 of this Code.
(c-10) Notwithstanding any provision in subsection (c-5) to the contrary, in any charter school established before the effective date of this amendatory Act of the 96th General Assembly, at least 75% of the individuals employed in instructional positions by the charter school shall hold teaching certificates issued under Article 21 of this Code beginning with the 2012-2013 school year. In any charter school established after the effective date of this amendatory Act of the 96th General Assembly, at least 75% of the individuals employed in instructional positions by a charter school shall hold teaching certificates issued under Article 21 of this Code by the beginning of the fourth school year during which a student is enrolled in the charter school. Charter schools may employ non-certificated staff in all other positions.
(c-15) Charter schools are
exempt from any annual cap on new
participants in an alternative certification program. The second
and third phases of the alternative certification program may
be conducted and completed at the charter school, and the
alternative teaching certificate is valid for 4 years or the length
of the charter (or any extension of the charter), whichever is longer.
(d) A teacher at a charter school may resign his or her position only if
the teacher gives notice of resignation to the charter school's governing body
at least 60 days before the end of the school term, and the resignation must
take effect immediately upon the end of the school term.
(Source: P.A. 96-105, eff. 7-30-09.)
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105 ILCS 5/27A-10.5 (105 ILCS 5/27A-10.5) Sec. 27A-10.5. Educational or charter management organization. (a) In this Section: "CMO" means a charter management organization. "EMO" means an educational management organization. (b) All authorizers shall ensure that any charter school established on or after the effective date of this amendatory Act of the 98th General Assembly has a governing body that is separate and distinct from the governing body of any CMO or EMO. In reviewing charter applications and charter renewal applications, authorizers shall review the governance model proposed by the applicant to ensure that there are no conflicts of interest. (c) No charter school may employ a staff person who is simultaneously employed by an EMO or CMO.
(Source: P.A. 98-783, eff. 1-1-15 .) |
105 ILCS 5/27A-10.10 (105 ILCS 5/27A-10.10) Sec. 27A-10.10. Closure of charter school; unspent public funds; procedures for the disposition of property and assets. (a) Upon the closing of a charter school authorized by one or more local school boards, the governing body of the charter school or its designee shall refund to the chartering entity or entities all unspent public funds. The charter school's other property and assets shall be disposed of under the provisions of the charter application and contract. If the application and contract are silent or ambiguous as to the disposition of any of the school's property or assets, any property or assets of the charter school purchased with public funds shall be returned to the school district or districts from which the charter school draws enrollment, at no cost to the receiving district or districts, subject to each district's acceptance of the property or asset. Any unspent public funds or other property or assets received by the charter school directly from any State or federal agency shall be refunded to or revert back to that State or federal agency, respectively. (b) Upon the closing of a charter school authorized by the Commission, the governing body of the charter school or its designee shall refund all unspent public funds to the State Board of Education. The charter school's other property and assets shall be disposed of under the provisions of the charter application and contract. If the application and contract are silent or ambiguous as to the disposition of any of the school's property or assets, any property or assets of the charter school purchased with public funds shall be returned to the school district or districts from which the charter school draws its enrollment, at no cost to the receiving district or districts, subject to each district's acceptance of the property or asset. Any unspent public funds or other property or assets provided by a State agency other than the State Board of Education or by a federal agency shall be refunded to or revert back to that State or federal agency, respectively.
(c) If a determination is made to close a charter school located within the boundaries of a school district organized under Article 34 of this Code for at least one school year, the charter school shall give at least 60 days' notice of the closure to all affected students and parents or legal guardians. (Source: P.A. 100-179, eff. 8-18-17.) |
105 ILCS 5/27A-11
(105 ILCS 5/27A-11)
Sec. 27A-11. Local financing.
(a) For purposes of the School Code, pupils enrolled in a charter school
shall be included in the pupil enrollment of the school district within which
the
pupil resides. Each charter school (i) shall determine the school district in
which each pupil who is enrolled in the charter school resides,
(ii) shall
report the aggregate number of pupils resident of a school district who are
enrolled in the charter school to the school district in which those pupils
reside, and (iii) shall maintain accurate records of daily attendance that
shall be deemed sufficient to file claims under Section 18-8 or 18-8.15 notwithstanding
any other requirements of that Section regarding hours of instruction and
teacher certification.
(b) Except for a charter school established by referendum under Section
27A-6.5, as part of a charter school contract, the charter school and the
local
school board shall agree on funding and any services to be provided by the
school district to the charter school.
Agreed funding that a charter school is to receive from the local school
board for a school year shall be paid in
equal quarterly installments with the payment of the
installment for the first quarter being made not later than July 1, unless the
charter establishes a different payment schedule. However, if a charter school dismisses a pupil from the charter school after receiving a quarterly payment, the charter school shall return to the school district, on a quarterly basis, the prorated portion of public funding provided for the education of that pupil for the time the student is not enrolled at the charter school. Likewise, if a pupil transfers to a charter school between quarterly payments, the school district shall provide, on a quarterly basis, a prorated portion of the public funding to the charter school to provide for the education of that pupil.
All services centrally or otherwise provided by the school district
including, but not limited to, rent, food services, custodial services,
maintenance,
curriculum, media services, libraries, transportation, and warehousing shall be
subject to
negotiation between a charter school and the local school board and paid
for out
of the revenues negotiated pursuant to this subsection (b); provided that the
local school board shall not attempt, by negotiation or otherwise, to obligate
a charter school to provide pupil transportation for pupils for whom a district
is not required to provide transportation under the criteria set forth in
subsection (a)(13) of Section 27A-7.
In no event shall the funding be less than 97% or more than 103%
of the
school district's per capita student tuition multiplied by
the
number of students residing in the district who are enrolled in the charter
school.
It is the intent of the General Assembly that funding and service agreements
under this subsection (b) shall be neither a financial incentive nor a
financial disincentive to the establishment of a charter school.
The charter school may set and collect reasonable fees. Fees collected
from students enrolled at a charter school shall be retained
by the charter school.
(c) Notwithstanding subsection (b) of this Section, the proportionate share
of State and federal resources generated by students with disabilities or staff
serving them shall be directed to charter schools enrolling those students by
their school districts or administrative units. The proportionate share of
moneys generated under other federal or State categorical aid programs shall be
directed to charter schools serving students eligible for that aid.
(d) The governing body of a charter school is authorized to accept
gifts,
donations, or grants of any kind made to the charter school and to expend or
use gifts, donations, or grants in accordance with the conditions prescribed by
the donor; however, a gift, donation, or grant may not be accepted by the
governing body if it is subject to any condition contrary to applicable law or
contrary
to the terms of the contract between the charter school and the local school
board. Charter schools shall be encouraged to solicit and utilize community
volunteer speakers and other instructional resources when providing instruction
on the Holocaust and other historical events.
(e) (Blank).
(f) The Commission shall provide technical assistance to
persons and groups
preparing or revising charter applications.
(g) At the non-renewal or revocation of its charter, each
charter school
shall refund to the local board of education all unspent funds.
(h) A charter school is authorized to incur temporary, short
term debt to
pay operating expenses in anticipation of receipt of funds from the local
school board.
(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17.)
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105 ILCS 5/27A-11.5 (105 ILCS 5/27A-11.5) Sec. 27A-11.5. State financing. The State Board of Education shall make
the following funds available to school districts and charter schools: (1) From a separate appropriation made to the State | | Board for purposes of this subdivision (1), the State Board shall make transition impact aid available to school districts that approve a new charter school or that have funds withheld by the State Board to fund a new charter school that is chartered by the Commission. The amount of the aid shall equal 90% of the per capita funding paid to the charter school during the first year of its initial charter term, 65% of the per capita funding paid to the charter school during the second year of its initial term, and 35% of the per capita funding paid to the charter school during the third year of its initial term. This transition impact aid shall be paid to the local school board in equal quarterly installments, with the payment of the installment for the first quarter being made by August 1st immediately preceding the first, second, and third years of the initial term. The district shall file an application for this aid with the State Board in a format designated by the State Board. If the appropriation is insufficient in any year to pay all approved claims, the impact aid shall be prorated. However, for fiscal year 2004, the State Board of Education shall pay approved claims only for charter schools with a valid charter granted prior to June 1, 2003. If any funds remain after these claims have been paid, then the State Board of Education may pay all other approved claims on a pro rata basis. Transition impact aid shall be paid beginning in the 1999-2000 school year for charter schools that are in the first, second, or third year of their initial term. Transition impact aid shall not be paid for any charter school that is proposed and created by one or more boards of education, as authorized under the provisions of Public Act 91-405.
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| (2) From a separate appropriation made for the
| | purpose of this subdivision (2), the State Board shall make grants to charter schools to pay their start-up costs of acquiring educational materials and supplies, textbooks, electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks, furniture, and other equipment or materials needed during their initial term. The State Board shall annually establish the time and manner of application for these grants, which shall not exceed $250 per student enrolled in the charter school.
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| (3) The Charter Schools Revolving Loan Fund is
| | created as a special fund in the State treasury. Federal funds, such other funds as may be made available for costs associated with the establishment of charter schools in Illinois, and amounts repaid by charter schools that have received a loan from the Charter Schools Revolving Loan Fund shall be deposited into the Charter Schools Revolving Loan Fund, and the moneys in the Charter Schools Revolving Loan Fund shall be appropriated to the State Board and used to provide interest-free loans to charter schools. These funds shall be used to pay start-up costs of acquiring educational materials and supplies, textbooks, electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks, furniture, and other equipment or materials needed in the initial term of the charter school and for acquiring and remodeling a suitable physical plant, within the initial term of the charter school. Loans shall be limited to one loan per charter school and shall not exceed $750 per student enrolled in the charter school. A loan shall be repaid by the end of the initial term of the charter school. The State Board may deduct amounts necessary to repay the loan from funds due to the charter school or may require that the local school board that authorized the charter school deduct such amounts from funds due the charter school and remit these amounts to the State Board, provided that the local school board shall not be responsible for repayment of the loan. The State Board may use up to 3% of the appropriation to contract with a non-profit entity to administer the loan program.
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| (4) A charter school may apply for and receive,
| | subject to the same restrictions applicable to school districts, any grant administered by the State Board that is available for school districts.
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| (Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17 .)
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105 ILCS 5/27A-12
(105 ILCS 5/27A-12)
Sec. 27A-12. Evaluation; report. On or before September 30 of every odd-numbered year, all local school boards with at least one charter school, as well as the Commission, shall submit to the State Board any information required by the State Board pursuant to applicable rule. On or before the second Wednesday in January of every even-numbered year, the State Board shall issue a report to the General Assembly and the Governor on its findings for the previous 2 school years. The State Board's report shall summarize all of the following: (1) The authorizer's strategic vision for chartering | | and progress toward achieving that vision.
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| (2) The academic and financial performance of all
| | operating charter schools overseen by the authorizer, according to the performance expectations for charter schools set forth in this Article.
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| (3) The status of the authorizer's charter school
| | portfolio, identifying all charter schools in each of the following categories: approved (but not yet open), operating, renewed, transferred, revoked, not renewed, voluntarily closed, or never opened.
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| (4) The authorizing functions provided by the
| | authorizer to the charter schools under its purview, including the authorizer's operating costs and expenses detailed in annual audited financial statements, which must conform with generally accepted accounting principles.
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Further, in the report required by this Section, the State
Board (i) shall
compare the performance of charter school pupils with the performance of
ethnically and economically comparable groups of pupils in other public schools
who are enrolled in academically comparable courses,
(ii) shall review information regarding the regulations and policies from
which
charter schools were released to determine if the exemptions assisted or
impeded
the charter schools in meeting their stated goals and objectives, and (iii)
shall
include suggested changes in State law necessary to strengthen charter schools.
In addition, the State Board shall undertake and report on periodic
evaluations of charter schools that include evaluations of student academic
achievement, the extent to which charter schools are accomplishing their
missions
and goals, the sufficiency of funding for charter schools, and the need for
changes in the approval process for charter schools.
Based on the information that the State Board receives from authorizers and the State Board's ongoing monitoring of both charter schools and authorizers, the State Board has the power to remove the power to authorize from any authorizer in this State if the authorizer does not demonstrate a commitment to high-quality authorization practices and, if necessary, revoke the chronically low-performing charters authorized by the authorizer at the time of the removal. The State Board shall adopt rules as needed to carry out this power, including provisions to determine the status of schools authorized by an authorizer whose authorizing power is revoked.
(Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)
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105 ILCS 5/27A-13
(105 ILCS 5/27A-13)
Sec. 27A-13.
Rules.
The State Board of Education is authorized to adopt
any rules not inconsistent with this Article that it deems necessary to
implement and accomplish the purposes and provisions of this Article.
(Source: P.A. 89-450, eff. 4-10-96.)
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105 ILCS 5/27A-14 (105 ILCS 5/27A-14) Sec. 27A-14. (Repealed).
(Source: P.A. 96-105, eff. 7-30-09. Repealed internally, eff. 1-10-10.) |
105 ILCS 5/Art. 28
(105 ILCS 5/Art. 28 heading)
ARTICLE 28.
INSTRUCTIONAL MATERIALS
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105 ILCS 5/28-1
(105 ILCS 5/28-1) (from Ch. 122, par. 28-1)
Sec. 28-1.
Copies and prices filed - Bond.
No person shall offer any school instructional materials for
adoption, sale or exchange in the State until he has complied with the
following conditions:
1. He shall file with the State Board of Education, annually, by July
15, a sworn statement of the usual list
price, the lowest net wholesale price, and the lowest net exchange price
at which the material is sold or exchanged for old material on the same
subject of like grade and kind but of a different series taken in part
payment thereof.
2. He shall file with the State Board of Education a
bond payable to the People of the State of Illinois with a surety
company authorized to do business in the State of Illinois as surety
thereon, in a penal sum to be determined by the State Board of Education,
not less than $2000 nor more than $10,000 conditioned as
follows:
(a) That he will furnish annually any of the materials listed in any
annual statement filed by him to any school district and any school
corporation in this State at the lowest net prices contained in the
statements and that he will maintain said prices uniformly throughout
the State.
(b) That he will reduce such net prices in Illinois whenever they
are reduced elsewhere in the United States, and that he will file with
the State Board of Education a sworn statement
of reductions made elsewhere, so that at no time shall any instructional
material so filed and listed by him be sold in this State at a higher
net price than is received for such material elsewhere in the United
States.
(c) He shall not enter into any understanding, agreement or
combination to control the prices or to restrict competition in the sale
of instructional materials.
(Source: P.A. 81-1508.)
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105 ILCS 5/28-2
(105 ILCS 5/28-2) (from Ch. 122, par. 28-2)
Sec. 28-2.
Approval of bond-Duration.
The bond required by Section 28-1 shall be approved by the Attorney
General and shall continue in force for 5 years after its filing, at or
before the expiration of which period a new bond shall be given or the
right to continue business within the State shall be forfeited.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/28-3
(105 ILCS 5/28-3)
Sec. 28-3. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/28-4
(105 ILCS 5/28-4) (from Ch. 122, par. 28-4)
Sec. 28-4.
Notice of violations - Proceedings for forfeiture of bond.
The school board of each district wherein the instructional materials
listed under the provisions of this Article have been adopted shall
notify the State Board of Education
of any violation of any
of the conditions contained in said bond. The State Board of Education
shall thereupon notify the person
guilty of the violation
and if such person disregards the notification and fails to comply with
the requirements of the contract the State Board of Education shall
institute legal proceedings for the forfeiture of the
bond.
(Source: P.A. 81-1508.)
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105 ILCS 5/28-5
(105 ILCS 5/28-5) (from Ch. 122, par. 28-5)
Sec. 28-5.
Inducement to teacher or officer forbidden.
No person shall secure or attempt to secure the sale of any school
instructional materials in any school district by rewarding or promising to
reward any teacher or by securing for him any position in any other school.
No person shall offer to give any emolument, money or other valuable thing,
promise of work or any other inducement to any teacher or school officer
for any vote or promise of vote or for the use of his influence for any
school instructional materials to be used in this State.
This section does not prevent any person from submitting, or any school
officer or teacher from receiving, a reasonable number of copies of printed
instructional materials for examination with a view to obtaining
information as to the book or series of books for which such officer shall
give his vote.
(Source: P.A. 77-2180.)
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105 ILCS 5/28-6
(105 ILCS 5/28-6)
Sec. 28-6. (Repealed).
(Source: P.A. 96-1403, eff. 7-29-10. Repealed by P.A. 97-570, eff. 8-25-11.)
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105 ILCS 5/28-7
(105 ILCS 5/28-7) (from Ch. 122, par. 28-7)
Sec. 28-7.
Retail prices of books.
It is unlawful for any retail dealer in textbooks to sell any books
listed with the State Board of Education at a price to
exceed a 15% advance on the net prices as so listed.
(Source: P.A. 81-1508.)
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105 ILCS 5/28-8 (105 ILCS 5/28-8) (from Ch. 122, par. 28-8) Sec. 28-8. Purchase by districts for resale at cost. School districts may purchase textbooks and electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks from the publishers and manufacturers at the
prices listed with the State Board of Education and sell
them to the pupils at the listed prices or at such prices as will
include the cost of transportation and handling. (Source: P.A. 96-1403, eff. 7-29-10.) |
105 ILCS 5/28-9 (105 ILCS 5/28-9) (from Ch. 122, par. 28-9) Sec. 28-9. Purchase by districts - Designation of agent for sale. School districts may purchase out of contingent funds school
textbooks or electronic textbooks, instructional materials, and the technological equipment necessary to gain access to and use electronic textbooks from the publishers and manufacturers at the prices listed with the
State Board of Education and
may designate a retail dealer
or dealers to act as the agent of the district in selling them to
pupils. Such dealers shall at stated times make settlement with the
district for books sold. Such dealers shall not sell textbooks at prices
which exceed a 10% advance on the net prices as listed with the
State Board of Education. (Source: P.A. 96-1403, eff. 7-29-10.) |
105 ILCS 5/28-10
(105 ILCS 5/28-10)
Sec. 28-10. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)
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105 ILCS 5/28-11
(105 ILCS 5/28-11) (from Ch. 122, par. 28-11)
Sec. 28-11.
Penalties.
Any dealer who violates the provisions of Sections 28--7 or 28--9 shall
be guilty of a petty offense and shall be fined not less than $25 nor more
than $100.
Whoever violates any of the provisions of the foregoing sections of this
Article, except those of Sections 28--7 and 28--9, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 77-2267.)
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105 ILCS 5/28-12
(105 ILCS 5/28-12)
Sec. 28-12. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)
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105 ILCS 5/28-13
(105 ILCS 5/28-13) (from Ch. 122, par. 28-13)
Sec. 28-13.
Districts adopting provisions for free textbooks.
The foregoing sections of this Article do not apply to school boards and
school districts that have adopted the subsequent provisions of this
Article.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/28-14
(105 ILCS 5/28-14) (from Ch. 122, par. 28-14)
Sec. 28-14. Free textbooks - Referendum - Ballot. Any school board may, and whenever petitioned so to do by 5% or more
of the voters of such district shall order submitted to the
voters thereof at a regular scheduled
election the question of
furnishing free school textbooks or electronic textbooks for the use of pupils attending the
public schools of the district, and the secretary shall certify the proposition
to the proper election authorities for submission in accordance with the
general election law. The proposition shall be in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
FOR furnishing free textbooks or electronic textbooks in the public schools. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
AGAINST furnishing free textbooks or electronic textbooks in the public schools. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the votes cast upon the proposition
is in favor of furnishing free textbooks or electronic textbooks, the governing body shall
provide, furnish and sell them as provided in Section 28-15, but no
such books shall be sold until at least 1 year after the election. The
furnishing of free textbooks or electronic textbooks when so adopted shall not be discontinued
within 4 years, and thereafter only by a vote of the voters of the
district upon the same conditions and in substantially the same manner
as the vote for the adoption of free textbooks or electronic textbooks. No textbook or electronic textbook furnished
under the provisions of this Article shall contain any denominational or
sectarian matter.
(Source: P.A. 96-1403, eff. 7-29-10.)
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105 ILCS 5/28-15 (105 ILCS 5/28-15) (from Ch. 122, par. 28-15) Sec. 28-15. Textbooks provided and loaned to pupils-Sale to pupils. The governing body of every school district having voted in favor of
furnishing free textbooks or electronic textbooks under the provisions of Sections 28-14 through
28-19 shall provide, at the expense of the district, textbooks or electronic textbooks for use in
the public schools and loan them free to the pupils. Textbooks so furnished
shall remain the property of the school district. The governing body shall
also provide for the sale of such textbooks or electronic textbooks at cost to pupils of the
schools in the district wishing to purchase them for their own use. (Source: P.A. 96-1403, eff. 7-29-10 .) |
105 ILCS 5/28-16
(105 ILCS 5/28-16)
Sec. 28-16. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)
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105 ILCS 5/28-17
(105 ILCS 5/28-17)
Sec. 28-17. (Repealed).
(Source: P.A. 96-1403, eff. 7-29-10. Repealed by P.A. 97-570, eff. 8-25-11.)
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105 ILCS 5/28-18
(105 ILCS 5/28-18) (from Ch. 122, par. 28-18)
Sec. 28-18.
Boards may jointly carry out law.
School boards of two or more districts may jointly carry out the
provisions of Sections 28-14 through 28-19.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/28-19
(105 ILCS 5/28-19) (from Ch. 122, par. 28-19)
Sec. 28-19.
Penalty for demanding or receiving money, promise or thing of value.
Whoever directly or indirectly, demands or receives any money, promise
or thing of value from any pupil, parent, guardian or caretaker of a pupil
for any book provided in this Article, except as provided in Section 28-15
shall be guilty of a Class B misdemeanor.
(Source: P.A. 77-2267 .)
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105 ILCS 5/28-19.1
(105 ILCS 5/28-19.1) (from Ch. 122, par. 28-19.1)
Sec. 28-19.1.
Any member of the public may inspect all text and instructional
material used in the public schools.
(Source: P.A. 81-625.)
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105 ILCS 5/28-19.2
(105 ILCS 5/28-19.2) (from Ch. 122, par. 28-19.2)
Sec. 28-19.2.
(a) No discrimination or punishment of any kind, including
the lowering of grades or exclusion from classes, may be exercised against
a student whose parents or guardians are unable to purchase required textbooks
or instructional materials or to pay required fees.
(b) Any person who violates this Section is guilty of a petty offense.
(Source: P.A. 83-573.)
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105 ILCS 5/28-19.5 (105 ILCS 5/28-19.5) Sec. 28-19.5. Funding for electronic format of textbooks. Notwithstanding any other provision of law, a school district may use funding received pursuant to this Code to purchase textbooks or instructional materials in an electronic format or hard-bound format and the technological equipment necessary to gain access to and use electronic textbooks or instructional materials if both of the following conditions are met: (1) It can ensure that each pupil will be provided | | with a copy of the instructional materials to use at school and at home.
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| (2) It will assist the pupil in comprehending the
| | Providing access to the materials at school and at home does not require the school district to purchase 2 sets of materials.
(Source: P.A. 96-1403, eff. 7-29-10.)
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105 ILCS 5/28-20 (105 ILCS 5/28-20) (from Ch. 122, par. 28-20) Sec. 28-20. Definitions. (a) For purposes of this Act the term instructional materials shall mean
both print and non-print materials, including electronic textbooks, that are used in the educational
process. (b) For purposes of this Article, "textbook" includes electronic or digital textbooks that are used for educational purposes. (Source: P.A. 96-1403, eff. 7-29-10.) |
105 ILCS 5/28-21 (105 ILCS 5/28-21) (from Ch. 122, par. 28-21) Sec. 28-21. The State Board of Education shall require each publisher
of any printed textbook or electronic textbook that is listed for use by the State Board of Education under
this Article or that is furnished at public expense under Sections 28-14
through 28-19 and is first published after July 19, 2006 to furnish, as provided in this Section, an accessible electronic file set of contracted print material to the National Instructional Materials Access Center, which shall then be available to the State Board of Education or its authorized user for the purpose of conversion to an accessible format for use by a child with a print disability and for distribution to local education agencies. An "accessible electronic file" means a file that conforms to specifications of the national file format adopted by the United States Department of Education. Other terms used in this Section shall be construed in compliance with the federal Individuals with Disabilities Education Act and related regulations. (Source: P.A. 95-415, eff. 8-24-07; 96-1403, eff. 7-29-10.) |
105 ILCS 5/Art. 28A
(105 ILCS 5/Art. 28A heading)
ARTICLE 28A. Education Purchasing Program.
(Source: P.A. 93-1036, eff. 9-14-04.) |
105 ILCS 5/28A-5 (105 ILCS 5/28A-5)
Sec. 28A-5. Definitions. In this Article: "State Board" means the State Board of Education. "Education purchasing contract" means a contract negotiated by the State Board, a local, State, or federal governmental entity, or a not-for-profit, for-profit, or cooperative entity that is certified under Section 28A-15 of this Code and made available to school districts.
"Master contract" means a contract designated as a statewide education master contract under Section 28A-15 of this Code.
"Program" means the education purchasing program created under this Article.
(Source: P.A. 93-1036, eff. 9-14-04.) |
105 ILCS 5/28A-10 (105 ILCS 5/28A-10)
Sec. 28A-10. Program created. The State Board shall create an education purchasing program. Under the program, the State Board shall designate itself or another entity to act as a State education purchasing entity to form and designate statewide education master contracts and to certify education purchasing contracts for key categories identified and defined by the State Board. The State education purchasing entity shall provide master contract and education purchasing contract information and pricing to school districts.
(Source: P.A. 93-1036, eff. 9-14-04.) |
105 ILCS 5/28A-15 (105 ILCS 5/28A-15)
Sec. 28A-15. Powers of State education purchasing entity. The State education purchasing entity shall have all of the following powers: (1) To select vendors and form contracts in | | accordance with the State's purchasing laws.
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| (2) To designate a contract as a statewide education
| | master contract for purposes of subsection (c) of Section 10-20.21 of this Code.
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| (3) To certify an education purchasing contract,
| | provided that the contract was entered into according to procedures and conditions that conform to applicable State purchasing laws, for purposes of subsection (d) of Section 10-20.21 of this Code.
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| (4) To facilitate the inter-district sale or
| | transfer of excess inventory or equipment.
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| (5) To select and subsidize e-procurement tools to
| | be implemented within school districts.
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(Source: P.A. 93-1036, eff. 9-14-04.)
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105 ILCS 5/28A-20 (105 ILCS 5/28A-20)
Sec. 28A-20. Rules. The State Board or other State agency designated by the State Board may adopt rules to implement the program.
(Source: P.A. 93-1036, eff. 9-14-04.) |
105 ILCS 5/Art. 29
(105 ILCS 5/Art. 29 heading)
ARTICLE 29.
TRANSPORTATION
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105 ILCS 5/29-1
(105 ILCS 5/29-1) (from Ch. 122, par. 29-1)
Sec. 29-1.
Free
transportation of pupils.
School boards may provide free transportation for pupils, as prescribed
in Section 10-22.22.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/29-2
(105 ILCS 5/29-2) (from Ch. 122, par. 29-2)
Sec. 29-2.
Transportation of pupils less than one and one-half miles from school.
School boards may provide transportation for pupils living less than one
and one-half miles as measured by the customary route of travel from the
school attended and may make a charge for such transportation in an amount
of not to exceed the cost thereof, which shall include a reasonable
allowance for depreciation of the vehicles so used.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/29-3
(105 ILCS 5/29-3) (from Ch. 122, par. 29-3)
Sec. 29-3. Transportation in school districts. School boards
of community consolidated districts, community unit
districts, consolidated districts, consolidated high school
districts, optional elementary unit districts, combined high school - unit districts, combined school districts if the combined district
includes any district which was previously required to provide
transportation, and any newly created elementary or high school districts resulting from a high school - unit conversion, a unit to dual conversion, or a multi-unit conversion if the newly created district includes any area that was previously required to provide transportation shall provide free transportation
for pupils residing at a distance of one and one-half miles or more from
any school to which they are assigned for attendance maintained within the
district, except for those pupils for whom the school board shall certify to
the State Board of Education that adequate transportation for the public is
available.
For the purpose of this Act 1 1/2 miles distance shall be from the exit
of the property where the pupil resides to the point where pupils are normally
unloaded at the school attended; such distance shall be measured by determining
the shortest distance on normally traveled roads or streets.
Such school board may comply with the provisions of this Section by
providing free transportation for pupils to and from an assigned school
and a pick-up point located not more than one and one-half miles from
the home of each pupil assigned to such point.
For the purposes of this Act "adequate transportation for the public"
shall be assumed to exist for such pupils as can reach school by
walking, one way, along normally traveled roads or streets
less than 1
1/2 miles irrespective of the distance the
pupil is transported by public transportation.
In addition to the other requirements of this Section, each school board may
provide free transportation for any pupil residing within 1 1/2 miles from the
school attended where conditions are such that walking, either to or from the
school to which a pupil is assigned for attendance or to or from a pick-up
point or bus stop, constitutes a serious hazard to the safety of the pupil
due to either (i) vehicular traffic or rail crossings or (ii) a course or pattern of criminal activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. Such transportation shall not
be provided if adequate transportation for the public is available.
The determination as to what constitutes a serious safety hazard shall
be made by the school board, in accordance with guidelines promulgated by
the Illinois Department of Transportation regarding vehicular traffic or rail crossings or in accordance with guidelines regarding a course or pattern of criminal activity, as determined by the local law enforcement agency, in consultation with the State
Superintendent of Education. A school board, on written petition of the
parent or guardian of a pupil for whom adequate transportation for the public
is alleged not to exist because the pupil is required to walk along normally
traveled roads or streets where walking is alleged to constitute a serious
safety hazard due to either (i) vehicular traffic or rail crossings or (ii) a course or pattern of criminal activity, or who is required to
walk between the
pupil's home and assigned school or between the pupil's home or assigned school
and a pick-up point or bus stop along roads or streets where walking is alleged
to constitute a serious safety hazard due to either (i) vehicular traffic or rail
crossings or (ii) a course or pattern of criminal activity, shall conduct a
study and make findings, which the Department of Transportation, with respect to vehicular traffic or rail crossings, or the State Board of Education, in consultation with the local law enforcement agency, with respect to a course or pattern of criminal activity, shall review
and approve
or disapprove as provided in this Section, to determine whether a serious
safety hazard exists as alleged in the petition. The
Department of Transportation shall review
the findings of the school board concerning vehicular traffic or rail crossings and shall approve or disapprove the school
board's determination that a serious safety hazard exists within 30 days
after the school board submits its findings to the Department of Transportation. The State Board of Education, in consultation with the local law enforcement agency, shall review the findings of the school board concerning a course or pattern of criminal activity and shall approve or disapprove the school board's determination that a serious safety hazard exists within 30 days after the school board submits its findings to the State Board. The school board
shall annually review the conditions and determine whether or not the hazardous conditions remain unchanged. The
State Superintendent of Education may request that the Illinois Department
of Transportation or the local law enforcement agency verify that the conditions have not changed. No action
shall lie against the school board, the State Superintendent of Education,
the Illinois Department of Transportation, the State Board of Education, or a local law enforcement agency for decisions made in accordance
with this Section. The provisions of the Administrative Review Law and all
amendments and modifications thereof and the rules adopted pursuant thereto
shall apply to and govern all proceedings instituted for the judicial
review of final administrative decisions of the Department of
Transportation, the State Board of Education, or a local law enforcement agency under this Section. At all points, except when otherwise mentioned in this Section, the local enforcement agency is authorized to determine what constitutes a course or pattern of criminal activity.
The changes made to this Section by this amendatory Act of the 100th General Assembly do not apply to a school district organized under Article 34 of this Code. (Source: P.A. 100-1142, eff. 11-28-18.)
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105 ILCS 5/29-3.1
(105 ILCS 5/29-3.1) (from Ch. 122, par. 29-3.1)
Sec. 29-3.1.
Transportation to and from school sponsored activities.
The school board of any school district that provides transportation for
pupils to and from the school attended may provide transportation for
pupils to and from any school sponsored activities in which pupils of the
district participate, whether during the school year or not, and may make
a charge for such transportation in an amount not to exceed the cost
thereof, which may include a reasonable allowance for depreciation of the
vehicles so used. The school board may provide transportation for pupils on
bona fide field trips in Illinois or adjacent states.
(Source: P.A. 85-1148; 85-1389; 85-1440.)
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105 ILCS 5/29-3.2
(105 ILCS 5/29-3.2) (from Ch. 122, par. 29-3.2)
Sec. 29-3.2.
Transportation to and from activities of private schools.
The school board of any school district that provides transportation for
pupils to and from the public schools may, by agreement with the officials
of a non-public school, provide transportation, at times when the buses or
other conveyances are not needed for public school student transportation,
for students attending the non-public school to and from activities
sponsored by that school. Such a school board providing transportation
under this Section shall make a charge for furnishing that transportation
in an amount not less than the cost thereof, including a reasonable
allowance for the depreciation of each vehicle used in that transportation.
(Source: Laws 1967, p. 1228.)
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105 ILCS 5/29-3.2a
(105 ILCS 5/29-3.2a) (from Ch. 122, par. 29-3.2a)
Sec. 29-3.2a.
Transportation to and from summer school sessions.)
The school board of any school district that provides transportation for
pupils to and from the school attended may provide transportation for
pupils to and from school during that period of the calendar year not
embraced with the regular school term in which courses are taught for any
pupils of the district who might participate, and may make a charge for
such transportation in an amount not to exceed the cost thereof, which may
include a reasonable allowance for depreciation of the vehicles so
used; provided no charge shall be made for transportation of the types of
children defined in Sections 14-1.02 through 14-1.07 of this Act and school
boards providing such transportation shall be reimbursed pursuant to Section
14-13.01 of this Act.
(Source: P.A. 79-203.)
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105 ILCS 5/29-3.3
(105 ILCS 5/29-3.3) (from Ch. 122, par. 29-3.3)
Sec. 29-3.3.
Transportation for pupils of other districts.
The school board of any school district that provides transportation for
pupils to and from the public schools may, pursuant to agreement with the
school board of any other school district, provide transportation for
pupils of that district to and from activities sponsored by any public
school in that district, at times when buses or other conveyances used in
such transportation are not needed for transporting pupils of the school
district so providing that transportation. In providing such transportation
for pupils of another district, the school board shall charge an amount not
less than the cost of furnishing that transportation, including a
reasonable allowance for depreciation on each vehicle so used.
(Source: Laws 1967, p. 3480.)
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105 ILCS 5/29-3.4
(105 ILCS 5/29-3.4) (from Ch. 122, par. 29-3.4)
Sec. 29-3.4.
The school board of any school district may provide transportation
services to children participating in or adults who are attending organized recreational, cultural,
educational, and public service programs. The school board shall make a
charge for such transportation in an amount equal to the cost thereof,
which shall include a reasonable allowance for insurance premiums and depreciation of the vehicles
so used. This Section shall not apply if such transportation services are
offered by any public or private mass transit system engaged in the
business of transporting people within the county or counties in which the
school district is located in whole or in part and if such transit system
has received or will receive funds provided by the "Mass Transportation
Emergency Operating Assistance Act of 1973", adopted by the 78th General
Assembly, or which receives or will receive funds from any other enactment
of the General Assembly or from any unit of local government.
(Source: P.A. 79-506.)
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105 ILCS 5/29-3.5
(105 ILCS 5/29-3.5) (from Ch. 122, par. 29-3.5)
Sec. 29-3.5.
Other use of school buses.
The school board of any school district
may provide transportation services to any non-profit organization for recreational,
cultural,
educational, and public service programs operated by the organization for
the benefit of its members.
Transportation shall be provided to non-profit organizations during times
when the vehicles used are not
needed for the transportation of students between school and their homes.
The school board shall make
a charge for such transportation in an amount equal to the cost thereof,
which shall include a reasonable
allowance for depreciation of the vehicles used. The school board is authorized
to enter into contracts,
leases, or agreements covering the use of transportation by non-profit organizations.
The school board shall add to the charges made for the use of transportation
a reasonable amount to
cover any increase in insurance premiums incident to the use of transportation
by the organization.
Nothing in this Section shall be construed to terminate, either permanently
or temporarily, the
status of the vehicles used by the organization as school buses.
Nothing in this Section shall be construed to permit any
school district to provide transportation services in
competition with any mass transit carrier.
(Source: P.A. 79-656.)
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105 ILCS 5/29-4
(105 ILCS 5/29-4) (from Ch. 122, par. 29-4)
Sec. 29-4.
Pupils attending a charter school or nonpublic school.
The school
board of any school district that provides any school bus or conveyance
for transporting pupils to and from the public schools shall afford
transportation, without cost, for children who attend a charter school or
any school other
than a public school, who reside at least 1 1/2 miles from the school
attended, and who reside on or along the highway constituting the
regular route of such public school bus or conveyance, such
transportation to extend from some point on the regular route nearest or
most easily accessible to their homes to and from the school attended,
or to or from a point on such regular route which is nearest or most
easily accessible to the school attended by such children. Nothing
herein shall be construed to prevent high school districts from
transporting public or non-public elementary school pupils on a regular
route where deemed appropriate. The elementary district in which such
pupils reside shall enter into a contractual agreement with the high
school district providing the service, make payments accordingly, and
make claims to the State in the amount of such contractual payments.
The person in charge of any charter school or school other than a public
school shall
certify on a form to be provided by the State Superintendent of Education,
the names and addresses of pupils transported and when such
pupils were in attendance at the school. If any such children reside
within 1 1/2 miles from the school attended, the school board shall
afford such transportation to such children on the same basis as it
provides transportation for its own pupils residing within that distance
from the school attended.
Nothing herein shall be construed to preclude a school district from
operating separate regular bus routes, subject to the limitations of
this Section, for the benefit of children who attend a charter school or
any school other
than a public school where the operation of such routes is safer, more
economical and more efficient than if such school district were
precluded from operating separate regular bus routes.
If a school district is required by this Section to afford
transportation without cost for any child who is not a resident of the
district, the school district providing such transportation is entitled
to reimbursement from the school district in which the child resides for
the cost of furnishing that transportation, including a reasonable
allowance for depreciation on each vehicle so used. The school district
where the child resides shall reimburse the district providing the
transportation for such costs, by the 10th of each month or on such less
frequent schedule as may be agreed to by the 2 school districts.
(Source: P.A. 91-407, eff. 8-3-99.)
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105 ILCS 5/29-5 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) Sec. 29-5. Reimbursement by State for transportation. Any school
district, maintaining a school, transporting resident pupils to another
school district's vocational program, offered through a joint agreement
approved by the State Board of Education, as provided in Section
10-22.22 or transporting its resident pupils to a school which meets the
standards for recognition as established by the State Board of Education
which provides transportation meeting the standards of safety, comfort,
convenience, efficiency and operation prescribed by the State Board of
Education for resident pupils in kindergarten or any of grades 1 through
12 who: (a) reside at least 1 1/2 miles as measured by the customary route of
travel, from the school attended; or (b) reside in areas where conditions are
such that walking constitutes a hazard to the safety of the child when
determined under Section 29-3; and (c) are transported to the school attended
from pick-up points at the beginning of the school day and back again at the
close of the school day or transported to and from their assigned attendance
centers during the school day, shall be reimbursed by the State as hereinafter
provided in this Section.
The State will pay the cost of transporting eligible pupils less the prior year
assessed valuation in a dual school district maintaining secondary
grades 9 to 12 inclusive times a qualifying rate of .05%; in elementary
school districts maintaining grades K to 8 times a qualifying rate of
.06%; and in unit districts maintaining grades K to 12, including optional elementary unit districts and combined high school - unit districts, times a qualifying
rate of .07%; provided that for optional elementary unit districts and combined high school - unit districts, prior year assessed valuation for high school purposes, as defined in Article 11E of this Code, must be used. To be eligible to receive reimbursement in excess of 4/5
of the cost to transport eligible pupils, a school district shall have a
Transportation Fund tax rate of at least .12%. If a school district
does not have a .12% Transportation Fund tax rate, the amount of its
claim in excess of 4/5 of the cost of transporting pupils shall be
reduced by the sum arrived at by subtracting the Transportation Fund tax
rate from .12% and multiplying that amount by the district's prior year equalized or
assessed valuation, provided, that in no case shall said reduction
result in reimbursement of less than 4/5 of the cost to transport
eligible pupils.
The minimum amount to be received by a district is $16 times the
number of eligible pupils transported.
When calculating the reimbursement for transportation costs, the State Board of Education may not deduct the number of pupils enrolled in early education programs from the number of pupils eligible for reimbursement if the pupils enrolled in the early education programs are transported at the same time as other eligible pupils.
Any such district transporting resident pupils during the school day
to an area vocational school or another school district's vocational
program more than 1 1/2 miles from the school attended, as provided in
Sections 10-22.20a and 10-22.22, shall be reimbursed by the State for 4/5
of the cost of transporting eligible pupils.
School day means that period of time during which the pupil is required to be
in attendance for instructional purposes.
If a pupil is at a location within the school district other than his
residence for child care purposes at the time for transportation to school,
that location may be considered for purposes of determining the 1 1/2 miles
from the school attended.
Claims for reimbursement that include children who attend any school
other than a public school shall show the number of such children
transported.
Claims for reimbursement under this Section shall not be paid for the
transportation of pupils for whom transportation costs are claimed for
payment under other Sections of this Act.
The allowable direct cost of transporting pupils for regular, vocational,
and special education pupil transportation shall be limited to the sum of
the cost of physical examinations required for employment as a school bus
driver; the salaries of full-time or part-time drivers and school bus maintenance
personnel; employee benefits excluding Illinois municipal retirement
payments, social security payments, unemployment insurance payments and
workers' compensation insurance premiums; expenditures to independent
carriers who operate school buses; payments to other school districts for
pupil transportation services; pre-approved contractual expenditures for
computerized bus scheduling; expenditures for housing assistance and homeless prevention under Sections 1-17 and 1-18 of the Education for Homeless Children Act that are not in excess of the school district's actual costs for providing transportation services and are not otherwise claimed in another State or federal grant that permits those costs to a parent, a legal guardian, any other person who enrolled a pupil, or a homeless assistance agency that is part of the federal McKinney-Vento Homeless Assistance Act's continuum of care for the area in which the district is located; the cost of gasoline, oil, tires, and other
supplies necessary for the operation of school buses; the cost of
converting buses' gasoline engines to more fuel efficient engines or to
engines which use alternative energy sources; the cost of travel to
meetings and workshops conducted by the regional superintendent or the
State Superintendent of Education pursuant to the standards established by
the Secretary of State under Section 6-106 of the Illinois Vehicle Code to improve the driving skills of
school bus drivers; the cost of maintenance of school buses including parts
and materials used; expenditures for leasing transportation vehicles,
except interest and service charges; the cost of insurance and licenses for
transportation vehicles; expenditures for the rental of transportation
equipment; plus a depreciation allowance of 20% for 5 years for school
buses and vehicles approved for transporting pupils to and from school and
a depreciation allowance of 10% for 10 years for other transportation
equipment so used.
Each school year, if a school district has made expenditures to the
Regional Transportation Authority or any of its service boards, a mass
transit district, or an urban transportation district under an
intergovernmental agreement with the district to provide for the
transportation of pupils and if the public transit carrier received direct
payment for services or passes from a school district within its service
area during the 2000-2001 school year, then the allowable direct cost of
transporting pupils for regular, vocational, and special education pupil
transportation shall also include the expenditures that the district has
made to the public transit carrier.
In addition to the above allowable costs school
districts shall also claim all transportation supervisory salary costs,
including Illinois municipal retirement payments, and all transportation
related building and building maintenance costs without limitation.
Special education allowable costs shall also include expenditures for the
salaries of attendants or aides for that portion of the time they assist
special education pupils while in transit and expenditures for parents and
public carriers for transporting special education pupils when pre-approved
by the State Superintendent of Education.
Indirect costs shall be included in the reimbursement claim for districts
which own and operate their own school buses. Such indirect costs shall
include administrative costs, or any costs attributable to transporting
pupils from their attendance centers to another school building for
instructional purposes. No school district which owns and operates its own
school buses may claim reimbursement for indirect costs which exceed 5% of
the total allowable direct costs for pupil transportation.
The State Board of Education shall prescribe uniform regulations for
determining the above standards and shall prescribe forms of cost
accounting and standards of determining reasonable depreciation. Such
depreciation shall include the cost of equipping school buses with the
safety features required by law or by the rules, regulations and standards
promulgated by the State Board of Education, and the Department of
Transportation for the safety and construction of school buses provided,
however, any equipment cost reimbursed by the Department of Transportation
for equipping school buses with such safety equipment shall be deducted
from the allowable cost in the computation of reimbursement under this
Section in the same percentage as the cost of the equipment is depreciated.
On or before August 15, annually, the chief school administrator for
the district shall certify to the State Superintendent of Education the
district's claim for reimbursement for the school year ending on June 30
next preceding. The State Superintendent of Education shall check and
approve the claims and prepare the vouchers showing the amounts due for
district reimbursement claims. Each fiscal year, the State
Superintendent of Education shall prepare and transmit the first 3
vouchers to the Comptroller on the 30th day of September, December and
March, respectively, and the final voucher, no later than June 20.
If the amount appropriated for transportation reimbursement is insufficient
to fund total claims for any fiscal year, the State Board of Education shall
reduce each school district's allowable costs and flat grant amount
proportionately to make total adjusted claims equal the total amount
appropriated.
For purposes of calculating claims for reimbursement under this Section
for any school year beginning July 1, 1998, or thereafter, the
equalized
assessed valuation for a school district used to compute reimbursement
shall be computed in the same manner as it is computed under paragraph (2) of
subsection (G) of Section 18-8.05.
All reimbursements received from the State shall be deposited into the
district's transportation fund or into the fund from which the allowable
expenditures were made.
Notwithstanding any other provision of law, any school district receiving
a payment under this Section or under Section 14-7.02, 14-7.02b, or
14-13.01 of this Code may classify all or a portion of the funds that it
receives in a particular fiscal year or from general State aid pursuant to
Section 18-8.05 of this Code
as funds received in connection with any funding program for which it is
entitled to receive funds from the State in that fiscal year (including,
without limitation, any funding program referenced in this Section),
regardless of the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the funding
program than the district is entitled to receive in that fiscal year for that
program. Any
classification by a district must be made by a resolution of its board of
education. The resolution must identify the amount of any payments or
general State aid to be classified under this paragraph and must specify
the funding program to which the funds are to be treated as received in
connection therewith. This resolution is controlling as to the
classification of funds referenced therein. A certified copy of the
resolution must be sent to the State Superintendent of Education.
The resolution shall still take effect even though a copy of the resolution has
not been sent to the State
Superintendent of Education in a timely manner.
No
classification under this paragraph by a district shall affect the total amount
or timing of money the district is entitled to receive under this Code.
No classification under this paragraph by a district shall
in any way relieve the district from or affect any
requirements that otherwise would apply with respect to
that funding program, including any
accounting of funds by source, reporting expenditures by
original source and purpose,
reporting requirements,
or requirements of providing services.
Any school district with a population of not more than 500,000
must deposit all funds received under this Article into the transportation
fund and use those funds for the provision of transportation services.
(Source: P.A. 100-332, eff. 8-25-17; 100-465, eff. 8-31-17; 100-863, eff. 8-14-18.)
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105 ILCS 5/29-5.2
(105 ILCS 5/29-5.2) (from Ch. 122, par. 29-5.2)
Sec. 29-5.2. Reimbursement of transportation.
(a) Reimbursement. A
custodian of a qualifying pupil shall be entitled to reimbursement in
accordance with procedures established by the State Board of Education for
qualified transportation expenses paid by such custodian during the school
year.
(b) Definitions. As used in this Section:
(1) "Qualifying pupil" means an individual referred | | to in subsection (c), as well as an individual who:
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(A) is a resident of the State of Illinois; and
(B) is under the age of 21 at the close of the
| | school year for which reimbursement is sought; and
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(C) during the school year for which
| | reimbursement is sought was a full-time pupil enrolled in a kindergarten through 12th grade educational program at a school which was a distance of 1 1/2 miles or more from the residence of such pupil; and
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(D) did not live within 1 1/2 miles from the
| | school in which the pupil was enrolled or have access to transportation provided entirely at public expense to and from that school and a point within 1 1/2 miles of the pupil's residence, measured in a manner consistent with Section 29-3.
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(2) "Qualified transportation expenses" means costs
| | reasonably incurred by the custodian to transport, for the purposes of attending regularly scheduled day-time classes, a qualifying pupil between such qualifying pupil's residence and the school at which such qualifying pupil is enrolled, as limited in subsection (e) of this Section, and shall include automobile expenses at the standard mileage rate allowed by the United States Internal Revenue Service as reimbursement for business transportation expense, as well as payments to mass transit carriers, private carriers, and contractual fees for transportation.
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(3) "School" means a public or nonpublic elementary
| | or secondary school in Illinois, attendance at which satisfies the requirements of Section 26-1.
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(4) One and one-half miles distance. For the purposes
| | of this Section, 1 1/2 miles distance shall be measured in a manner consistent with Section 29-3.
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(5) Custodian. The term "custodian" shall mean, with
| | respect to a qualifying pupil, an Illinois resident who is the parent, or parents, or legal guardian of such qualifying pupil.
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(c) An individual, resident of the State of Illinois, who is under
the age of 21 at the close of the
school year for which reimbursement is sought and who, during that school
year, was a full time pupil enrolled in a kindergarten through 12th grade
educational program at a school which was within 1 1/2 miles of the pupil's
residence, measured in a manner consistent with Section 29-3, is a
"qualifying pupil" within the meaning of this Section if (i) such pupil attends public school in a school district organized under Article 34 of this Code and must walk or otherwise travel along a safe passage route, as designated by
the school board, to reach school or return home or
(ii) such pupil
did not have access to transportation provided entirely at public expense
to and from that school and the pupil's residence and conditions were
such that walking would have constituted a serious hazard to the safety of
the pupil due to vehicular traffic. The determination of what constitutes
a serious safety hazard within the meaning of this subsection shall in each
case be made by the Department of Transportation in accordance with
guidelines which the Department, in consultation with the State
Superintendent of Education, shall promulgate. Each custodian intending to
file an application for reimbursement under subsection (d) for expenditures
incurred or to be incurred with respect to a pupil asserted to be a
qualified pupil as an individual referred to in this subsection shall first
file with the appropriate regional superintendent, on forms provided by the
State Board of Education, a request for a determination that a serious
safety hazard within the meaning of this subsection (c) exists with respect
to such pupil. Custodians shall file such forms with the appropriate
regional superintendents not later than February 1 of the school year for
which reimbursement will be sought for transmittal by the regional
superintendents to the Department of Transportation not later than February
15; except that any custodian who previously received a determination
that a serious safety hazard exists need not resubmit such a request for 4
years but instead may certify on their application for reimbursement to the State
Board of Education referred to in subsection (d), that the conditions found
to be hazardous, as previously determined by the Department, remain
unchanged. The Department shall make its determination on all requests so
transmitted to it within 30 days, and shall thereupon forward notice of
each determination which it has made to the appropriate regional
superintendent for immediate transmittal to the custodian affected thereby.
The determination of the Department relative to what constitutes a serious
safety hazard within the meaning of subsection (c) with respect to any
pupil shall be deemed an "administrative decision" as defined in Section
3-101 of the Administrative Review Law; and the Administrative Review Law
and all amendments and modifications thereof and rules adopted pursuant
thereto shall apply to and govern all proceedings instituted for the
judicial review of final administrative decisions of the Department of
Transportation under this subsection.
(d) Request for reimbursement. A custodian, including a
custodian for a pupil asserted to be a qualified pupil as an individual
referred to in subsection (c), who applies in accordance
with procedures established by the State Board of Education shall be
reimbursed in accordance with the dollar limits set out in this Section.
Such procedures shall require application no later than June 30 of each
year, documentation as to eligibility, and adequate evidence of
expenditures; except that for reimbursement sought pursuant to subsection
(c) for the 1985-1986 school year, such procedures shall require
application within 21 days after the determination of the Department of
Transportation with respect to that school year is transmitted by the
regional superintendent to the affected custodian. In the absence of
contemporaneous records, an affidavit by
the custodian may be accepted as evidence of an expenditure. If the amount
appropriated for such reimbursement for any year is less than the amount
due each custodian, it shall be apportioned on the basis of the requests
approved. Regional Superintendents shall be reimbursed for such costs of
administering the program, including costs incurred in administering the
provisions of subsection (c), as the State Board of Education determines are
reasonable and necessary.
(e) Dollar limit on amount of reimbursement. Reimbursement to custodians
for transportation expenses incurred during the 1985-1986 school year,
payable in fiscal year 1987, shall be equal to the lesser of (1) the actual
qualified transportation expenses, or (2) $50 per pupil. Reimbursement to
custodians for transportation expenses incurred during the 1986-1987 school
year, payable in fiscal year 1988, shall be equal to the lesser of (1) the
actual qualified transportation expenses, or (2) $100 per pupil. For
reimbursements of qualified transportation expenses incurred in 1987-1988
and thereafter, the amount of reimbursement shall not exceed the prior
year's State reimbursement per pupil for transporting pupils as required by
Section 29-3 and other provisions of this Article.
(f) Rules and regulations. The State Board of Education
shall adopt rules to implement this Section.
(g) The provisions of this amendatory Act of 1986 shall apply according to
their terms to the entire 1985-1986 school year, including any portion of
that school year which elapses prior to the effective date of this
amendatory Act, and to each subsequent school year.
(h) The chief administrative officer of each school shall notify
custodians of qualifying pupils that reimbursements are available.
Notification shall occur by the first Monday in November of the school year
for which reimbursement is available.
(Source: P.A. 98-1057, eff. 1-1-15 .)
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105 ILCS 5/29-6
(105 ILCS 5/29-6) (from Ch. 122, par. 29-6)
Sec. 29-6.
Inter-district contracts for transportation.
Any school district, including any non-high school district, may
contract at actual cost with 1 or more school districts for the
transportation of pupils to and from the school attended.
(Source: P.A. 78-1245.)
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105 ILCS 5/29-6.1
(105 ILCS 5/29-6.1) (from Ch. 122, par. 29-6.1)
Sec. 29-6.1.
Contracts for transportation.
Subject to Section 6-106.11
of the Illinois Vehicle Code,
school boards may enter into contracts for up to 3 years for transportation
of pupils to and from school. Such contracts may be extended for up to 2
additional years by mutual agreement of the parties, and thereafter may
be extended on a year-to-year basis by mutual agreement of the parties,
however no such contract may be extended on a year-to-year basis if a
school board receives a timely request from another interested contractor
that a contract be let by bid.
(Source: P.A. 84-768.)
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105 ILCS 5/29-6.3
(105 ILCS 5/29-6.3)
Sec. 29-6.3. Transportation to and from specified interscholastic or school-sponsored
activities. (a) Any school district transporting students in grade 12 or below for an interscholastic, interscholastic athletic, or school-sponsored, noncurriculum-related activity that (i) does not require student participation as part of the educational services of the district and (ii) is not associated with the students' regular class-for-credit schedule or required 5 clock hours of instruction shall transport the students only in a school bus, a vehicle manufactured to transport not more than 10 persons, including the driver, or a multifunction school-activity bus manufactured to transport not more than 15 persons, including the driver. (a-5) A student in any of grades 9 through 12 may be transported in a multi-function school activity bus (MFSAB) as defined in Section 1-148.3a-5 of the Illinois Vehicle Code for any curriculum-related activity except for transportation on regular bus routes from home to school or from school to home, subject to the following conditions: (i) A MFSAB may not be used to transport students | | under this Section unless the driver holds a valid school bus driver permit.
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| (ii) The use of a MFSAB under this Section is subject
| | to the requirements of Sections 6-106.11, 6-106.12, 12-707.01, 13-101, and 13-109 of the Illinois Vehicle Code.
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| (b) Any school district furnishing transportation for students under the authority of this Section shall insure against any loss or liability of the district resulting from the maintenance, operation, or use of the vehicle.
(c) Vehicles used to transport students under this Section may claim a depreciation allowance of 20% over 5 years as provided in Section 29-5 of this Code.
(Source: P.A. 96-410, eff. 7-1-10; 97-896, eff. 8-3-12.)
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105 ILCS 5/29-6.4
(105 ILCS 5/29-6.4)
Sec. 29-6.4. Non-contract transportation; bids;
reimbursement. A school board of a school district that provides
transportation of its pupils to and from school on buses that are owned by the
district that are operated by drivers who are employed by the district shall,
if it receives a timely request from an interested private school bus
contractor that the district provide that transportation under contract,
solicit sealed bids for that purpose. A district or special education cooperative is not required to respond to such a request more than once every 2 years.
A request
shall not be considered timely if it is made more than
24 months or less than 3 months before the expiration of the collective
bargaining or other agreement that is in effect at the time the request is made
and that governs the terms and conditions of employment of the school bus
drivers employed by the district. All requests shall be made in writing by certified mail, return receipt requested, addressed to the school board of the district at the administrative offices or any school of the district. At the conclusion of the bidding process,
the school board shall publicly announce the district's fully allocated costs
of providing transportation of its pupils to and from school under its present
system and thereupon may (i) elect to enter into a contract as provided in
Section 29-6.1 with the lowest responsible bidder for transportation of the
district's pupils to and from school or (ii) elect to continue providing
transportation of its pupils to and from school under its present system.
In the event the school board elects to continue providing transportation of
the district's pupils to and from school under its present system even though
the district's fully allocated costs of doing so exceed the amount of the
lowest responsible bid received by the school board for transportation of the
district's pupils to and from school, the school board shall publicly
announce at a regularly scheduled meeting of the board held within 30 days
after making its election to continue providing pupil
transportation under its present system (i) the fully allocated costs of
providing transportation of the district's pupils to and from school under its
present system, and (ii) the amount of each of the sealed bids submitted to the
school board, identifying which of the sealed bid amounts was the lowest
responsible bid.
As used in this Section the term "fully allocated costs" includes both the
fixed and variable direct costs of the labor, capital, and material resources
that are used by the school district exclusively for purposes of providing
transportation of the district's pupils to and from school plus that portion of
the district's shared costs as is fairly allocable to the products, services,
and facilities necessary to provide transportation of the district's pupils to
and from school. Direct costs of labor, capital, and material resources used
exclusively to provide pupil transportation include the wages, payroll costs,
and associated fringe benefits of school bus drivers, mechanics, and any
supervisory or administrative personnel whose services relate exclusively to
pupil transportation personnel or services, fuel, lubricants, tires, tubes,
related material costs incurred in providing pupil transportation, depreciation
costs associated with school buses and other vehicles, including spare
vehicles, used to provide pupil transportation, and costs of facilities and
equipment maintained exclusively to service, garage, or park vehicles used for
pupil transportation purposes.
"Shared costs" means the aggregate cost of the labor, capital, and material
resources that are used in common by the district for a multiplicity of
purposes, including the purpose of providing transportation of the district's
pupils to and from school. The costs of the management, administration, and
underlying infrastructure that support a multiplicity of services provided by
the school district (including pupil transportation services) constitute shared
costs within the meaning of this Section, and to the extent they are fairly
allocable to pupil transportation services they are included within the term
fully allocated costs as used in this Section. The
State Board of Education shall promulgate rules setting forth the manner in
which a district's fully allocated costs of providing transportation of its
pupils to and from school under a non-contractual system shall be determined
and computed for purposes of this Section. However, those rules shall be
consistent with the provisions of this paragraph and shall follow recognized
principles of fully allocated costing analysis in the transit industry,
including generally accepted methods of identifying and estimating the
principal cost elements of maintaining and operating a pupil transportation
system.
(Source: P.A. 93-953, eff. 1-1-05.)
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105 ILCS 5/29-9
(105 ILCS 5/29-9) (from Ch. 122, par. 29-9)
Sec. 29-9.
Liability insurance.
Any school district, including any non-high school district, which
provides transportation for pupils shall insure against any loss or
liability of such district, its agents or employees, resulting from or
incident to the ownership, maintenance or use of any school bus. Such
insurance shall be carried only in companies duly licensed and authorized
to write such coverage in this State and in compliance with the provisions
of Section 12-707 of "The Illinois Vehicle Code", approved September 29,
1969, as now or hereafter amended.
(Source: P.A. 78-310.)
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105 ILCS 5/29-15
(105 ILCS 5/29-15) (from Ch. 122, par. 29-15)
Sec. 29-15.
Subject to the provisions of Section 10-22.8 of this Act, school
districts, which own buses or other vehicular equipment for the
transportation of pupils to or from school within such district, may sell
or lease such buses or equipment to a Mass Transit District organized under
the Local Mass Transit District Act or to an Urban Transportation District
organized under the Urban Transportation District Act. Such districts may
contract with a Mass Transit District or an Urban Transportation District
for the transportation of pupils to and from the schools of such districts
at a consideration to be determined by negotiation between the parties.
Such contracts shall otherwise be subject to the provisions of this
Article.
(Source: P.A. 77-1492 .)
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105 ILCS 5/29-16
(105 ILCS 5/29-16) (from Ch. 122, par. 29-16)
Sec. 29-16.
The school board of any school district which owns buses or other
vehicular equipment for the transportation of pupils may rent such buses or
equipment to the county board of any county in which it is situated to
provide public transportation services pursuant to the "Downstate Public
Transportation Act". The school board may rent such buses and equipment to
the county board only for use during times when such buses or equipment are
not needed for transporting pupils of the school district. A school board
renting school buses or other vehicular equipment under this Section shall
make a charge for furnishing such buses or other vehicular equipment in an
amount not less than the cost thereof, including a reasonable allowance for
the depreciation of each vehicle used.
This amendatory Act is not a limitation upon the contractual and
associational powers granted by Section 10 of Article VII of the
Constitution.
(Source: P.A. 78-1109 .)
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105 ILCS 5/29-17
(105 ILCS 5/29-17)
Sec. 29-17. (Repealed).
(Source: P.A. 85-1010. Repealed by P.A. 94-1105, eff. 6-1-07; 95-496, eff. 8-28-07.)
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105 ILCS 5/29-18
(105 ILCS 5/29-18)
Sec. 29-18. (Repealed).
(Source: P.A. 90-756, eff. 8-14-98. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/29-20 (105 ILCS 5/29-20) Sec. 29-20. (Repealed).
(Source: P.A. 98-907, eff. 8-15-14. Repealed internally, eff. 1-1-16.) |
105 ILCS 5/Art. 30
(105 ILCS 5/Art. 30 heading)
ARTICLE 30.
SCHOLARSHIPS
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105 ILCS 5/30-1
(105 ILCS 5/30-1) (from Ch. 122, par. 30-1)
Sec. 30-1.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-2
(105 ILCS 5/30-2) (from Ch. 122, par. 30-2)
Sec. 30-2.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-3
(105 ILCS 5/30-3) (from Ch. 122, par. 30-3)
Sec. 30-3.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-4a
(105 ILCS 5/30-4a) (from Ch. 122, par. 30-4a)
Sec. 30-4a.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-4b
(105 ILCS 5/30-4b) (from Ch. 122, par. 30-4b)
Sec. 30-4b.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-4c
(105 ILCS 5/30-4c) (from Ch. 122, par. 30-4c)
Sec. 30-4c.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-4d
(105 ILCS 5/30-4d) (from Ch. 122, par. 30-4d)
Sec. 30-4d.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-4e
(105 ILCS 5/30-4e) (from Ch. 122, par. 30-4e)
Sec. 30-4e.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-6
(105 ILCS 5/30-6)
Sec. 30-6. (Repealed).
(Source: P.A. 77-1311. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/30-9
(105 ILCS 5/30-9) (from Ch. 122, par. 30-9)
Sec. 30-9.
General Assembly scholarship; conditions of admission; award by
competitive examination.
(Source: P.A. 97-772, eff. 7-11-12.)
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105 ILCS 5/30-10
(105 ILCS 5/30-10) (from Ch. 122, par. 30-10)
Sec. 30-10.
Filing nominations-Failure to accept or pass-Second
nomination.
(Source: P.A. 97-772, eff. 7-11-12.)
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105 ILCS 5/30-11
(105 ILCS 5/30-11) (from Ch. 122, par. 30-11)
Sec. 30-11. Failure to use scholarship - Further nominations.
(Source: P.A. 97-772, eff. 7-11-12.)
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105 ILCS 5/30-12
(105 ILCS 5/30-12) (from Ch. 122, par. 30-12)
Sec. 30-12. Failure to begin or discontinuance of course because of military service.
(Source: P.A. 97-772, eff. 7-11-12.)
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105 ILCS 5/30-12.5
(105 ILCS 5/30-12.5)
Sec. 30-12.5. Waiver of confidentiality.
(Source: P.A. 97-772, eff. 7-11-12.)
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105 ILCS 5/30-13
(105 ILCS 5/30-13) (from Ch. 122, par. 30-13)
Sec. 30-13. Use of scholarship at public university.
(Source: P.A. 97-772, eff. 7-11-12.)
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105 ILCS 5/30-13.5 (105 ILCS 5/30-13.5) Sec. 30-13.5. General Assembly scholarship program abolished. Before September 1, 2012, each member of the General Assembly may nominate persons to receive a scholarship or certificate of scholarship under Sections 30-9, 30-10, 30-11, 30-12, 30-12.5, and 30-13 of this Code as they existed before the effective date of this amendatory Act of the 97th General Assembly. A person nominated to receive or awarded such a scholarship or certificate before September 1, 2012 is entitled to the scholarship under the terms of Sections 30-9, 30-10, 30-11, 30-12, 30-12.5, and 30-13 of this Code as they existed before the effective date of this amendatory Act of the 97th General Assembly and Section 30-14 of this Code.
(Source: P.A. 97-772, eff. 7-11-12.) |
105 ILCS 5/30-14
(105 ILCS 5/30-14) (from Ch. 122, par. 30-14)
Sec. 30-14.
Leaves of absence to holders of scholarships.
Any student enrolled in a university to which he is holding a
scholarship issued under this Article who satisfies the president of the
university or someone designated by him, that he requires leave of absence
for the purpose of earning funds to defray his expenses while in attendance
or on account of illness or military service may be granted such leave and
allowed a period of not to exceed 6 years in which to complete his course
at the university. The university shall notify the county superintendent of
the county from which the scholarship was issued of the granting of the
leave. Time spent in the armed forces shall not be part of the 6 years.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/30-14.1
(105 ILCS 5/30-14.1)
Sec. 30-14.1. (Repealed).
(Source: P.A. 77-1311. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/30-14.2
(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
Sec. 30-14.2. MIA/POW scholarships.
(a) Any spouse, natural child, legally adopted child, or
step-child of an eligible veteran or serviceperson who possesses all necessary
entrance requirements shall, upon application and proper proof, be awarded
a MIA/POW Scholarship consisting of the equivalent of 4 calendar years of
full-time enrollment including summer terms, to the state supported
Illinois institution of higher learning of his choice, subject to the
restrictions listed below.
"Eligible veteran or serviceperson" means any veteran or serviceperson, including an Illinois National Guard member who is on active duty or is active on a training assignment,
who has been declared by the U.S. Department of Defense or the
U.S. Department of Veterans Affairs to be a prisoner of war, be missing
in action, have died as the result of a service-connected disability or have become a person with a permanent disability from service-connected causes with 100% disability and
who (i) at the time of entering service was an Illinois resident, (ii) was an
Illinois resident within 6 months after entering such service, or (iii) until July 1, 2014, became an Illinois resident within 6 months after leaving the service and can establish at least 30 years of continuous residency in the State of Illinois.
Full-time enrollment means 12 or more semester hours of courses per semester,
or 12 or more quarter hours of courses per quarter, or the equivalent thereof
per term. Scholarships utilized by dependents enrolled in less than full-time
study shall be computed in the proportion which the number of hours so carried
bears to full-time enrollment.
Scholarships awarded under this Section may be used by a spouse or child
without regard to his or her age. The holder of a Scholarship
awarded under this Section shall be subject to all examinations and academic
standards, including the maintenance of minimum grade levels, that are
applicable generally to other enrolled students at the Illinois institution of
higher learning where the Scholarship is being used.
If the surviving spouse
remarries or if there is a divorce between the veteran or serviceperson and
his or her spouse while the dependent is pursuing his or her course of
study, Scholarship benefits will be terminated at the end of the term for
which he or she is presently enrolled. Such dependents shall also be
entitled, upon proper proof and application, to enroll in any extension
course offered by a State supported Illinois institution of higher learning
without payment of tuition and approved fees.
The holder of a MIA/POW Scholarship authorized under this Section shall
not be required to pay any matriculation or application fees, tuition,
activities fees, graduation fees or other fees, except multipurpose
building fees or similar fees for supplies and materials.
Any dependent who has been or shall be awarded a MIA/POW Scholarship shall
be reimbursed by the appropriate institution of higher learning for any
fees which he or she has paid and for which exemption is granted under this
Section if application for reimbursement is made within 2 months following
the end of the school term for which the fees were paid.
(b) In lieu of the benefit provided in subsection (a), any spouse,
natural child, legally adopted child, or step-child of an eligible veteran
or serviceperson, which spouse or child has a physical, mental or
developmental disability, shall be entitled to receive, upon application and
proper proof, a benefit to be used for the purpose of defraying the cost of
the attendance or treatment of such spouse or child at one or more
appropriate therapeutic, rehabilitative or educational facilities. The
application and proof may be made by the parent or legal guardian of the
spouse or child on his or her behalf.
The total benefit provided to any beneficiary under this subsection shall
not exceed the cost equivalent of 4 calendar years of full-time enrollment,
including summer terms, at the University of Illinois. Whenever
practicable in the opinion of the Department of Veterans' Affairs, payment
of benefits under this subsection shall be made directly to the facility,
the cost of attendance or treatment at which is being defrayed, as such
costs accrue.
(c) The benefits of this Section shall be administered by and paid for out
of funds made available to the Illinois Department of Veterans' Affairs.
The amounts that become due to any state supported Illinois institution of
higher learning shall be payable by the Comptroller to such institution on
vouchers approved by the Illinois Department of Veterans' Affairs. The
amounts that become due under subsection (b) of this Section shall be
payable by warrant upon vouchers issued by the Illinois Department of
Veterans' Affairs and approved by the Comptroller. The Illinois Department
of Veterans' Affairs shall determine the eligibility of the persons
who make application for the benefits provided for in this Section.
(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15; 100-201, eff. 8-18-17.)
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105 ILCS 5/30-14.3
(105 ILCS 5/30-14.3) (from Ch. 122, par. 30-14.3)
Sec. 30-14.3.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-14.5
(105 ILCS 5/30-14.5) (from Ch. 122, par. 30-14.5)
Sec. 30-14.5.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-14.6
(105 ILCS 5/30-14.6) (from Ch. 122, par. 30-14.6)
Sec. 30-14.6.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-14.7
(105 ILCS 5/30-14.7) (from Ch. 122, par. 30-14.7)
Sec. 30-14.7.
(Repealed).
(Source: Repealed by P.A. 88-228, eff. 7-1-94.)
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105 ILCS 5/30-14.8
(105 ILCS 5/30-14.8)
Sec. 30-14.8.
Christa McAuliffe Fellowship Program.
(a) The General Assembly finds that the Christa McAuliffe federal fellowship
is an award expressly and exclusively for the benefit of one or more elementary
or secondary teachers, provides funding for a sabbatical for the recipient of
the fellowship, has no express relationship to post-secondary educational
benefits under State and federal grant and loan programs administered by the
Illinois Student Assistance Commission (hereinafter in this Section sometimes
referred to as the "Commission"), and therefore is a program that from and
after the effective date of this amendatory Act of 1995 should be administered
in this State by the State Board of Education.
(b) There is hereby transferred to the State Board of Education from the
Illinois Student Assistance Commission all authority and responsibility
exercised by the Commission before the effective date of this amendatory Act of
1995 with respect to the administration within this State of the Christa
McAuliffe federal fellowship program. From and after the effective date of
this amendatory Act, the State Board of Education shall administer on behalf of
the State of Illinois and in accordance with all applicable rules and
regulations the conduct and operation of the Christa McAuliffe federal
fellowship program within this State.
(c) The Illinois Student Assistance Commission shall transfer to the State
Board of Education, as successor to the Commission for all purposes of
administering the Christa McAuliffe federal fellowship program, all books,
accounts, records, papers, documents, contracts, agreements, and pending
business in the possession or under the control of the Commission and relating
to its administration of the Christa McAuliffe fellowship program in this
State.
All pending applications made before the effective date of this amendatory Act
of 1995 for scholarship awards under the Christa McAuliffe fellowship program
and all scholarships awarded under that program before the effective date of
this amendatory Act of 1995 shall be unaffected by the transfer to the State
Board of Education of all responsibilities and authority formerly exercised by
the Commission with respect to that program. The Commission shall furnish to
the State Board of Education such other information as the State Board of
Education may request to assist it in administering this Section.
(Source: P.A. 89-106, eff. 7-7-95.)
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105 ILCS 5/prec. Sec. 30-15
(105 ILCS 5/prec. Sec. 30-15 heading)
HIGHER EDUCATION STUDENT ASSISTANCE LAW
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105 ILCS 5/30-15.25
(105 ILCS 5/30-15.25) (from Ch. 122, par. 30-15.25)
Sec. 30-15.25.
(a) As used in this Section, the term "public institution
of higher education" includes: the University of Illinois; Southern
Illinois University;
Chicago State University; Eastern Illinois University; Governors State
University; Illinois State University; Northeastern Illinois University;
Northern Illinois University; Western Illinois University; the public community
colleges of the State; and any other public
universities, colleges and community colleges now or hereafter established
or authorized by the General Assembly. The term "nonpublic institution of
higher education" includes any educational organization in this State,
other than a public institution of higher education, which provides a
minimum of an organized 2 year program at the private junior college level
or higher and which operates not-for-profit and in conformity with
standards substantially equivalent to those of public institutions of
higher education.
(b) Each public institution of higher education shall disclose
the terms, restrictions and requirements attached to or made a part of any
endowment, gift, grant, contract award or property of any kind or value
in excess of $100,000 made to such institution, or to any school, college,
division, branch or other organizational entity within or forming a part
of such institution, by a foreign government or an individual who is
neither a citizen nor a resident of the United States, in any calendar or
fiscal year. If the foreign government or individual donates more than one
gift in any calendar or fiscal year, and the total value of those gifts
exceeds $100,000, such institution shall report all the gifts received.
This subsection shall not apply to funds that public institutions of higher
education receive from grants and contracts through either the federal
government or the State of Illinois.
(c) The provisions of this subsection apply to each nonpublic
institution of higher education: (i) which receives any grant or award
under the Illinois Financial Assistance Act for Nonpublic Institutions of
Higher Learning or under the Higher Education Cooperation Act, or (ii)
which is a participant in a program of interinstitutional cooperation
administered by a not-for-profit organization that is organized to
administer such program under the Higher Education Cooperation Act and that
receives any grant under and in furtherance of the purposes of that Act, or
(iii) which receives any grant or distribution of grant moneys appropriated
from the State Treasury or any fund therein to such institution or to the
Board of Higher Education for distribution to nonpublic institutions of
higher education for purposes of Section 4 of the Build Illinois Bond Act
or for any other purpose authorized by law. Each nonpublic institution of
higher education to which the provisions of this subsection apply shall
disclose the terms, restrictions and requirements attached to or made a
part of any endowment, gift, grant, contract award or property of any kind
or value in excess of $250,000 made to such institution, or to any school,
college, division, branch or other organizational entity within or forming
a part of such institution, by a foreign government or an individual who is
neither a citizen nor a resident of the United States, in any calendar or
fiscal year. If the foreign government or individual donates more than one
gift in any calendar or fiscal year, and the total value of those gifts
exceeds $250,000, such institution shall report all the gifts received.
(d) Such information shall be forwarded to the Attorney
General no later than 30 days after the final day of each calendar or fiscal
year of such institution, whichever type of year is used by the institution
in accounting for the gifts received for the purposes of this Section. The
information shall include:
(1) the name of the foreign government in the case of | | a gift by a government, or the name of the foreign country of which an individual donor is a citizen, in the case of a gift by an individual;
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(2) the amount and the date of the contribution or
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(3) when the gift is conditional, matching or
| | designated for a particular purpose, full details of the conditions, matching provisions or designation; and
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(4) the purpose or purposes for which the
| | contribution will be used.
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Such information shall be a matter of public record.
(Source: P.A. 89-4, eff. 1-1-96.)
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105 ILCS 5/30-16.1
(105 ILCS 5/30-16.1) (from Ch. 122, par. 30-16.1)
Sec. 30-16.1.
Purpose.
The General Assembly has found and hereby declares that it is essential
for the national defense and for the defense of the State of Illinois that
among those residents of this State receiving higher education, provisions
should be made for Reserve Officer's Training Corps training, in order
to provide officers for the several Armed Forces
of the United
States of America and to that end, that scholarships should be furnished to
eligible residents, in order to encourage their participation in the
Reserve Officer's Training Corps programs.
(Source: P.A. 79-768.)
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105 ILCS 5/30-16.2
(105 ILCS 5/30-16.2) (from Ch. 122, par. 30-16.2)
Sec. 30-16.2.
Eligible recipients.
Those residents of the State of
Illinois whose scholastic standing will enable them to enroll in the
Reserve Officer's Training Corps programs of the several Armed Forces
available at universities supported by the State of Illinois, are
considered as eligible recipients for scholarships set forth in
Section 30-16.3.
(Source: P.A. 79-768.)
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105 ILCS 5/30-16.3
(105 ILCS 5/30-16.3) (from Ch. 122, par. 30-16.3)
Sec. 30-16.3.
Availability of Scholarships.
Scholarships shall be awarded on the following basis:
(a) One scholastic scholarship to an eligible recipient from each private
junior
college and public community college which has a total enrollment of
less than 500 students.
(b) Two scholarships to eligible recipients from each private junior
college and public community college
which has an enrollment of 500 or more, but less than 1,000, students.
(c) Three scholarships to eligible recipients from private junior
colleges and public community colleges
having an enrollment of 1,000, or more, students.
(d) The equivalent of 10 scholarships per class, per branch of
service, each academic
year, to eligible recipients.
(Source: P.A. 91-503, eff. 8-13-99.)
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105 ILCS 5/30-16.4
(105 ILCS 5/30-16.4) (from Ch. 122, par. 30-16.4)
Sec. 30-16.4.
Privileges Conferred.
The scholarships issued under Sections 30-16.1 through 30-16.6,
inclusive, of this Article, may be used at those State supported
universities where there are provided Reserve Officer's Training
Corps programs of the several Armed Services over a period during which
the eligible recipient is
eligible for enrollment in the program. The scholarships exempt the holder
from the payment of tuition, or any matriculation, graduation, activity,
term or incidental fee, except any portion of a multi-purpose fee which is
used for a purpose for which exemption is not granted under this Section.
Exemption may not be granted for any other fees including book rental,
service, laboratory, supply, Union Building, hospital and medical insurance
fees and any fees established for the operation and maintenance of
buildings, the income of which is pledged to the payment of interest and
principal, or bonds issued by the governing board of the universities.
Any student who has been or is awarded a scholarship shall be reimbursed
by the appropriate university for any fees which he has paid and for which
exemption is granted under this Section, if application for such
reimbursement is made within 2 months following the school term for which
the fees were paid.
The holder of a scholarship is subject to all examinations, rules and
requirements of the university in which he is enrolled, except as herein
directed.
The provisions of Sections 30-16.1 through 30-16.6 of this Act do not
prohibit the Board of Trustees of the University of Illinois, the Board of
Trustees of Southern Illinois University,
the Board of Trustees of Chicago State University, the Board of Trustees of
Eastern Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of Trustees of Northern
Illinois University, and the Board of Trustees of Western Illinois University
from granting other scholarships.
(Source: P.A. 89-4, eff. 1-1-96.)
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105 ILCS 5/30-16.5
(105 ILCS 5/30-16.5) (from Ch. 122, par. 30-16.5)
Sec. 30-16.5.
Leaves of absence to holders of scholarships.
Any student enrolled in a university to which he is requesting a
scholarship issued under the provisions of Section 30-16.3 of this Act
who satisfies the President of the University, or someone designated
by him, that he requires leave of absence while in attendance, or on
account of illness, or military service, may be granted such leave and
allowed a period of not to exceed 6 years, in which to complete his course
at the university. Time spent in the armed services is not a part of the 6
years.
(Source: P.A. 79-768.)
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105 ILCS 5/30-16.6
(105 ILCS 5/30-16.6) (from Ch. 122, par. 30-16.6)
Sec. 30-16.6.
Registration of eligible recipients; examination.
The president or chairman of the board of each private junior college or
public community college, and the
President of each University in which a Reserve Officer's Training Corps
program is available, or some individual or committee designated by such
person,
shall receive and register the names of all eligible recipients applying
for the scholarships set forth in Section 30-16.3. Applicants shall take
an examination each year according to the rules prescribed jointly by the
President of the University of Illinois, the President of Southern Illinois
University, the President of Chicago State University, the President of
Eastern Illinois University, the President of Governors State University, the
President of Illinois State University, the President of Northeastern Illinois
University, the President of Northern Illinois University, and the President of
Western Illinois University. The
scholarships shall be awarded on a merit basis to those eligible recipients
receiving the highest grades with evidence of leadership ability, and the
number of scholarships to be awarded in any institution shall be as set
forth in Section 30-16.3.
(Source: P.A. 89-4, eff. 1-1-96.)
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105 ILCS 5/30-17
(105 ILCS 5/30-17) (from Ch. 122, par. 30-17)
Sec. 30-17.
Revocation of Scholarship Because of Misconduct.
If the holder of any scholarship funded in whole or in part by this
State, whether granted by the State Scholarship Commission, granted
pursuant to any of Sections 30-1 through 30-16.6 or otherwise granted by
any State supported college or university and whether used at a
State-supported institution of higher learning or at a private institution,
participates in any disorderly disturbance or course of conduct directed
against the administration or policies of such an institution using means
which are not protected by the constitution of this State or of the United
States, his scholarship is thereupon revoked and no further payments under
that scholarship may be made to him or on his behalf, notwithstanding any
other provision to the contrary.
The initial determination as to whether the means employed in a course
of conduct are not protected by the Constitution of this State or of the
United States shall be made by the chief executive officer of the
institution at which the scholarship recipient is enrolled. No revocation
shall take place until the recipient of the scholarship to be revoked is
afforded the opportunity to present evidence against revocation to the
chief executive officer or his representatives, either in person, in
writing, or by counsel of his choice.
(Source: P.A. 76-1580.)
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105 ILCS 5/30-17.1
(105 ILCS 5/30-17.1) (from Ch. 122, par. 30-17.1)
Sec. 30-17.1.
Scholarships-Draft Registration.
Each applicant for any
student financial aid funded in whole or in part by this State, whether
granted by the Illinois Student Assistance Commission, granted pursuant to
any of Sections 30-1 through 30-16.6 or otherwise granted by any State
supported college or university, and whether to be used at a State
supported institution of higher learning or at a private institution, shall
submit to the institution he or she is attending Selective Service
registration compliance documentation as required by Part 668 of Title 34
of the Code of Federal Regulations. If an applicant for or holder of any
such student financial aid fails to submit documentation in the manner and
within the time allowed, any pending application of such person for the
award, grant, or renewal of any such student financial aid shall be denied,
and any such student financial aid currently held by such person shall be
revoked to the extent that no further payments under that student financial
aid may be made. Procedures for notification and administrative review
shall be consistent with Part 668 of Title 34 of the Code of Federal Regulations.
(Source: P.A. 86-169.)
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105 ILCS 5/Art. 31
(105 ILCS 5/Art. 31 heading)
ARTICLE 31.
FRATERNITIES--SORORITIES
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105 ILCS 5/31-1
(105 ILCS 5/31-1) (from Ch. 122, par. 31-1)
Sec. 31-1.
Definition.
A public school fraternity, sorority or secret society, in this Article
means any organization, composed wholly or in part of public school pupils,
which seeks to perpetuate itself by taking in additional members from the
pupils enrolled in such school on the basis of the decision of its
membership rather than upon the free choice of any pupil in the school who
is qualified by the rules of the school to fill the special aims of the
organization.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/31-2
(105 ILCS 5/31-2) (from Ch. 122, par. 31-2)
Sec. 31-2.
Inimical to public good.
Any public school fraternity, sorority or secret society is inimical to
the public good.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/31-3
(105 ILCS 5/31-3) (from Ch. 122, par. 31-3)
Sec. 31-3.
Suspension or expulsion of members, pledges and solicitors.
The governing body of any public school shall suspend or expel any pupil
who is a member of or joins or promises to join, or who becomes pledged to
become a member of, or who solicits any other person to join, promise to
join or be pledged to become a member of any public school fraternity,
sorority or secret society.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/31-4
(105 ILCS 5/31-4) (from Ch. 122, par. 31-4)
Sec. 31-4.
Solicitation unlawful-Penalty.
It is unlawful for any person not enrolled in any public school of this
State to solicit any pupil enrolled therein to join or pledge himself or
herself to become a member of any public school fraternity, sorority or
secret society or to solicit any such pupil to attend a meeting thereof or
any meeting where the joining of any such fraternity, sorority or secret
society is encouraged. Whoever violates this section shall be guilty of a
petty offense and fined not less than $25 nor more than $100.
(Source: P.A. 77-2267.)
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105 ILCS 5/31-5
(105 ILCS 5/31-5) (from Ch. 122, par. 31-5)
Sec. 31-5.
Not
applicable to universities.
The provisions of this Article do not apply to fraternities, sororities
or secret societies in any State University nor to students thereof in
their relations to such organizations in these institutions.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/Art. 32
(105 ILCS 5/Art. 32 heading)
ARTICLE 32.
SPECIAL CHARTER DISTRICTS
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105 ILCS 5/32-1
(105 ILCS 5/32-1) (from Ch. 122, par. 32-1)
Sec. 32-1. May vote to organize under general law.
(a) Any special charter district may, by vote of its electors, cease to
control its school under the Act under which it was organized, and become part
of the school township or townships in which it is situated. Upon petition of
50 voters of the district, presented to the board having the control and
management of the schools, the board shall order submitted to the voters at an
election to be held in the district, in accordance with the general election
law, the question of "organizing under the general school law".
The secretary of the board shall make certification to the proper election
authority in accordance with the general election law. If, however, a
majority of the votes cast at any such election in any school district subject
to Sections 32-3 through 32-4.11 is against organizing the district under
the general school law, the question may not again be submitted in the district
for 22 months thereafter, and then only upon petition signed by at least 2% of
the voters of the school district. Notice shall be given in accordance with
the general election law, which notice shall be in the following form:
NOTICE OF REFERENDUM
Notice is hereby given that on (insert date), a referendum will be held at.... for the purpose of deciding the
question of organizing under the general school law. The polls will be opened
at .... o'clock ..m and closed at .... o'clock ..m.
Signed .....
If a majority of the votes cast on the proposition is in favor of organizing
under the general school law, then the board having the control and management
of schools in the district, shall declare the proposition carried.
When such a proposition is declared to have so carried, the board of
education shall continue to exercise its powers and duties under the general
school law. Each member of the board of education selected under the provisions
of the special charter shall continue in office until his term has expired.
Before the term of each of these members expires, the board shall give notice
of an election to be held on the date of the next regular school election, in
accordance with the general election law to fill the vacancy which is created.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located a receipt
from the county clerk showing that the candidate has filed a statement of
economic interests as required by the Illinois Governmental Ethics Act.
Such receipt shall be so filed either previously during the calendar year
in which his nomination papers were filed or within the period for the filing
of nomination papers in accordance with the general election law.
(b) Notwithstanding the foregoing, any special charter district whose board
is appointed by the mayor or other corporate authority of that municipality
may, by resolution adopted by the corporate authorities of that municipality
cease to control its school under the Act under which it was organized,
become a part of the school township or townships in which it is situated
and become organized under the general school law. If such a resolution
is adopted, the board of education shall continue to exercise its powers
and duties under the general school law. Each member of the board of education
selected under the provisions of the special charter shall continue in office
until his term has expired. Before the term of each of these members expires,
the board shall give notice of an election to be held on the date of the
next regular school election, in accordance with the general election law
to fill the vacancy which is created.
(Source: P.A. 98-115, eff. 7-29-13.)
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105 ILCS 5/32-1.1
(105 ILCS 5/32-1.1) (from Ch. 122, par. 32-1.1)
Sec. 32-1.1.
Election and powers of board - No provision in special act.
In all special charter districts maintaining schools under any general school
laws, where there is no provision in the special Acts creating such districts
for the election of boards of education as otherwise provided, there shall
be elected, in lieu of the school directors as now provided, a board of
education, to consist of 7 members to be elected at the time and in the
manner as provided by the general election law for the
election and qualification of boards of education in other cases. In any
district having a population of more than 100,000 but less than
2,000,000
such board may be increased in size to 11 members upon adoption by a majority
of electors residing in the district and voting on the question in a referendum
as provided in this Section. Such question shall be submitted to the electors
at an election upon a resolution adopted by the Board. Members
shall be elected biennially in the school district, whose term of office
shall be 4 years,
and there shall also be elected in each odd-numbered year
a president of the board. Following the first such election, those members
elected, other than the president, shall, by lot, determine 3 to serve 2
years and 3 to serve 4 years; thereafter, all terms shall be 4 years. In
other cases, however, if 4 members, other than the president, are elected
in 1983, then those elected shall, by lot, determine one to serve for 2
years and 3 to serve 4 years; thereafter all terms shall be 4 years. In
neither case shall such determinations affect the biennial selection of
the president. At the first regular school election after
the adoption by the district electors of a question as provided in this
Section increasing the size of the board in those districts entitled to
exercise an option for and elect an 11 member board, 4 additional members
shall be elected and shall determine by lot 2 to serve for 2
years and 2 for 4 years.
Their successors shall serve for a 4 year term. In case of
an 11 member board already in existence, if 7 members, other than the
president,
are elected in 1983 then those members elected shall, by lot determine one
to serve 2 years and 6 to serve 4 years. Terms thereafter shall be 4 years.
The board of education shall have all the powers and duties of trustees
of schools in school townships and the powers and duties of boards of education
in districts having a population of not fewer than 1,000 and not more than
500,000 as provided by this Act.
The day upon which the election provided for in this section is to be held
is subject to the provisions of the general election law.
(Source: P.A. 86-225.)
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105 ILCS 5/32-1.2
(105 ILCS 5/32-1.2) (from Ch. 122, par. 32-1.2)
Sec. 32-1.2.
Powers of election boards.
A school board of any special charter district that is elected by the
voters shall have the powers and duties of school trustees.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-1.3
(105 ILCS 5/32-1.3) (from Ch. 122, par. 32-1.3)
Sec. 32-1.3.
Determination to elect-Election-Powers.
Any special charter district having a population of not less than 1,000
and not over 20,000, may, by vote of its electors, determine to elect,
instead of the directors or other governing or managing board now provided
for by the special Act under which it was organized, a board of education
which shall be elected at the time and in the manner and have the powers
conferred upon boards of education of districts under this Act.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-1.4
(105 ILCS 5/32-1.4) (from Ch. 122, par. 32-1.4)
Sec. 32-1.4.
Petition - referendum - election of board.
Upon petition
of 50 voters of any district as defined in Section 32-1.3 presented to the
board having the control and management of schools, the board shall, at
the next regularly scheduled election held in such district cause to be
submitted to the voters thereof, in accordance with the general election
law, the proposition of "electing a board of education having the powers
conferred upon such boards in districts organized under The School Code".
The board shall publish notice of such election, in the manner provided by the
general
election law, which notice may be in the following form:
Public notice is hereby given that on (insert date), a referendum will be
held at ...., between the hours of ...
..m. and ... ..m. of said day for the purpose of deciding the
question of "electing a board of education having the powers conferred upon
such boards in districts organized under the School Code".
If a majority of the votes cast is in favor of the proposition, then at
the time of the next regular election for boards of education, there shall
be elected a board of education for the district.
(Source: P.A. 91-357, eff. 7-29-99.)
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105 ILCS 5/32-1.5
(105 ILCS 5/32-1.5) (from Ch. 122, par. 32-1.5)
Sec. 32-1.5.
Election of board of education.
Any special charter district
may, by vote of its electors, determine to elect, instead of the managing
board provided for by its special charter, a board of education which shall
be elected at the time and in the manner as boards of education under Article
10 of this Act; but such determination shall not affect any other powers
or duties conferred or imposed by the special charter.
Upon petition of 10% or 200 of the voters, whichever is less, of any such
district requesting a referendum therefor, presented to the managing board
thereof, the board shall, or upon its own initiative if no such petition
has been presented the board may order submitted to the voters at the next
regular election, in accordance with the general election law, a proposition
to elect a board of education of 3 or 5 or 7 members, as the case may be.
The proposition shall be substantially as follows:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall school district.... be governed by a board of education of.... members YES to be elected at the time and in the manner - - - - - - - - - - - - - - - -
as boards of education under Article 10 NO of the School Code? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If more than one proposition is properly presented to the board, the one
first presented shall be submitted to the electors.
If such proposition receives a majority of all valid votes cast thereon,
the change in membership shall
be effectuated at the next succeeding regular school election. In the conduct
of such election, the managing board shall take such measures as may be
necessary to arrange for the election of a board of 3, 5, or 7 members,
as the case may be. The new board shall be organized as provided in Article
10 of this Act, except that, if only 5 members are
to be elected, 2 (instead of 3) shall be selected by lot for a
2 year term, and if only 3 members are to be elected, then one
shall be selected by lot for a 2 year term. In case of a 5 member board already
established, if 4 are elected in 1983, then those elected shall by lot
determine 2 to serve 2 years and 2 to serve 4 years. All successors, except
to fill vacancies, shall be elected for terms of 4 years.
In the case of a 5 member board already established, on which the members
serve 5 year terms, the member elected in 1981 shall serve a 6 year term.
The 2 members elected in 1983 shall serve 6 year terms. The 2 members elected
in 1985 shall also serve 6 year terms. All successors, except to fill vacancies,
shall be elected for terms of 6 years.
As soon as the first new board is organized, the terms of all members of
the predecessor board shall terminate.
In any such school district which determines to elect a new board of education
as hereinabove authorized, the number of members on the board may thereafter
be changed by following the procedure hereinabove set forth.
At least 22 months must elapse after the date of an election
under this section before any of the above propositions may be again submitted
to the electors.
(Source: P.A. 81-1490 .)
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105 ILCS 5/32-1.6
(105 ILCS 5/32-1.6) (from Ch. 122, par. 32-1.6)
Sec. 32-1.6.
School board districts.
Section 9-22 applies to all special charter districts as well as those
organized under the general school law.
(Source: P.A. 78-536.)
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105 ILCS 5/32-2.1
(105 ILCS 5/32-2.1) (from Ch. 122, par. 32-2.1)
Sec. 32-2.1.
Boards to which preceding section applicable.
The provisions of Section 32-2 shall apply to the board of school
inspectors of the City of Peoria and to all other boards of directors,
boards of education, and boards of school inspectors existing under any
special school charter heretofore granted by the State.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-2.5
(105 ILCS 5/32-2.5) (from Ch. 122, par. 32-2.5)
Sec. 32-2.5. Election of board of education in lieu of appointive board. In all special charter districts having a population of over 35,000 by the
last federal census, where the board of directors or board of education
is elected or appointed by the city council of the city, of which school
district such city may form the whole or a part, and where there are no
provisions in the special charter creating such school district for the
election of a board of directors or board of education, there shall be elected
in lieu of the present governing body a board of education to consist of
7 members. Nomination of a candidate for member of the board of education
shall be made by petitions signed in the aggregate by not less than 200
qualified voters residing in the school district, and also by filing with
the petitions a statement of candidacy as provided in the general election
law, which petitions and statements
of candidacy shall be filed in the office of the board of education in
accordance with the general election law.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the county clerk or the county board of election commissioners, as the case may be, of the county in which the principal office of the school district is located a receipt
from the county clerk showing that the candidate has filed a statement of
economic interests as required by the Illinois Governmental Ethics Act.
Such receipt shall be so filed either previously during the calendar year
in which his nomination papers were filed or within the period for the filing
of nomination papers in accordance with the general election law.
The county clerk or the county board of election commissioners shall make certification to the proper election
authority in accordance with the general election law.
(Source: P.A. 98-115, eff. 7-29-13.)
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105 ILCS 5/32-2.6
(105 ILCS 5/32-2.6) (from Ch. 122, par. 32-2.6)
Sec. 32-2.6.
Election - vacancies - names on ballots.
All elections in school districts described in Section 32-2.5 shall
be conducted in accordance with the provisions of the general election law.
If any member of the board of
education is disqualified to hold office, the board of education may, by
resolution, declare the office vacant, and provide for an appointment
to fill the vacancy until the next election
for members of the board of education. The nomination and
election of a candidate thereupon to fill the vacancy shall be made in the same
manner as the nomination of a candidate for a regular term, as
hereinbefore provided, except that there shall be printed on the ballot
that the election is for a certain number of persons for a certain
number of years to fill a vacancy. The names of all candidates for member of such board
of education shall be printed on the ballot in alphabetical order
according to their surnames.
(Source: P.A. 80-1469.)
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105 ILCS 5/32-2.10
(105 ILCS 5/32-2.10) (from Ch. 122, par. 32-2.10)
Sec. 32-2.10.
Application of law.
In all special charter districts of this State having a population of not
more than 50,000 lying wholly or in part within any city, village, or incorporated
town, the school directors or members of the board of education,
as provided in the special charter, shall be elected at elections held as
provided by the general election law, and all
propositions pertaining to said school districts required to be submitted
to the voters thereof shall be voted upon at elections held as provided
in the general election law.
(Source: P.A. 81-1490.)
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105 ILCS 5/32-2.11
(105 ILCS 5/32-2.11) (from Ch. 122, par. 32-2.11)
Sec. 32-2.11.
Election of board members.
In every city whose schools have
been operating under special Acts and are governed by a board of school
inspectors where such city, together with territory added thereto for school
purposes, includes 2 districts for the purpose of electing 6 inspectors
(3 in each district) and 1 district for all other school purposes, there
shall continue to be elected a board of school inspectors, consisting of
6 members (3 in each district) and 1 inspector at large who shall be chosen
for a term of 4 years. If 4 inspectors, excluding the inspector
at large, are elected in 1983, those selected shall by lot determine one
inspector to serve for 2 years and 3 for 4 years. Thereafter all terms
shall be for 4 years.
(Source: P.A. 81-1490.)
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105 ILCS 5/32-2.12
(105 ILCS 5/32-2.12) (from Ch. 122, par. 32-2.12)
Sec. 32-2.12.
Time for election of board members.
In all special charter districts, the regular election of members
of such boards shall hereafter be held on the date set for
school elections
as provided in the general election law in
odd numbered years.
(Source: P.A. 81-1490.)
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105 ILCS 5/32-2.13
(105 ILCS 5/32-2.13) (from Ch. 122, par. 32-2.13)
Sec. 32-2.13.
No annexation accomplished pursuant to Section 7-2.1 shall
affect the method of selection of the board of the special charter district
as otherwise provided by law excepting in those instances where the special
charter has an appointive school board appointed solely within the
boundaries of a municipality within such special charter school district;
in those instances where there are voters living within the school
district, but outside the municipality, the county superintendent of
schools having supervision over the greatest portion of the territory of
the special charter district shall appoint one additional member to the
board of education of the special charter district effective with the date
and for the term for which other appointments to the special charter board
are effective; provided, further, that during any period the number of
voters living within such school district but outside the municipality
exceeds a quotient determined by dividing the total number of voters living
in the municipality by the number of school board members appointed within
said municipality, the county superintendent shall appoint one additional
school board member for each time such quotient is equaled.
(Source: P.A. 82-783.)
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105 ILCS 5/32-3
(105 ILCS 5/32-3) (from Ch. 122, par. 32-3)
Sec. 32-3.
Law
governing appointment.
Where, by the provisions of any general or special law, the members of
the city council of any city have been made ex-officio school directors or
members of the board of education for the school district of which the city
constitutes the whole or a part, the school directors or members of the
board of education shall be appointed as provided in Section 32-3.1.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-3.1
(105 ILCS 5/32-3.1) (from Ch. 122, par. 32-3.1)
Sec. 32-3.1.
Nomination by mayor-President of board.
The mayor of any city described in Section 32-3, at the first regular
meeting of the city council, after each annual municipal election and after
his installation into office, shall nominate and place before the council
for confirmation as school directors or members of the board of education,
as the case may be, 1 person from each ward of the city to serve for 2
years and 1 person from the city at large to serve for 1 year. If the
persons so appointed are confirmed by a majority vote of the city council,
to be entered of record, such persons shall constitute the board of
education or school directors for the district. The person appointed from
the city at large for 1 year shall be president of the board of education
or school directors but shall have no vote except in case of a tie.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-3.2
(105 ILCS 5/32-3.2) (from Ch. 122, par. 32-3.2)
Sec. 32-3.2.
City of 45,000-Number of members-Nomination-Vacancy.
In any city, however, having a population of 45,000 or more,
constituting a school district to which Sections 32-3 to 32-4.11,
inclusive, are applicable, the board of education shall consist of 11
persons who shall be nominated by the mayor from the city at large and
confirmed by a majority vote of the city council, 1 of which persons shall
be designated by the mayor as the president of the board of education. The
president shall have no vote except in case of a tie. 5 Members of the
board of education and such person as may be designated as the president
thereof shall be nominated by the mayor and placed before the city council
for confirmation at the first regular meeting of the city council after the
mayor's installation into office, and upon confirmation by the council
shall hold their offices for 2 years and until their successor shall be
chosen as herein provided. The remaining 5 members of the board of
education shall be nominated by the mayor and placed before the city
council for confirmation at the first regular meeting of the city council
next after 1 year from the date of the mayor's installation into office,
and upon confirmation by the council shall hold their offices for 2 years
and until their successors shall be chosen as herein provided. If a vacancy
occurs in the board of education, the mayor shall nominate and place before
the city council for confirmation at a regular meeting thereof some person
to fill the vacancy, and upon confirmation by the city council, the person
so nominated shall hold the office during the remainder of the term for
which his predecessor was appointed.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-3.3
(105 ILCS 5/32-3.3) (from Ch. 122, par. 32-3.3)
Sec. 32-3.3.
Organization and powers of board.
The board members appointed under Section 32-3.1 to 32-3.2 shall, as
soon as practicable after their appointment, organize by electing 1 of
their number secretary, who shall hold his office for 1 year.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-3.5 (105 ILCS 5/32-3.5)
Sec. 32-3.5. Student board member. The governing board of a special charter district may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.
(Source: P.A. 94-231, eff. 7-14-05.) |
105 ILCS 5/32-4
(105 ILCS 5/32-4) (from Ch. 122, par. 32-4)
Sec. 32-4.
Powers of board.
The board of inspectors referred to in Section 32-2.11 may, in addition
to the powers conferred upon it by special law and the applicable
provisions of this Act, employ teachers, janitors and such other employees
as it deems necessary and fix the amount of their compensation; buy or
lease sites for schoolhouses, with the necessary grounds; build, erect,
lease or purchase buildings suitable for school purposes; repair and
improve buildings and furnish them with the necessary supplies, fixtures,
apparatus, libraries and fuel; and may lease school property, when not
needed for school purposes, for a term of not longer than 99 years from the
date of the granting of the lease. All such leases shall provide for
revaluation privileges at least once in every 20 years.
In case the school board and the lessee cannot agree on revaluation and
a new rent, the same shall be determined in the following manner: 3 arbitrators
shall be appointed, 1 by the school board, 1 by the
lessee, and 1 by the arbitrators appointed by the school board and the
lessee. The 3 arbitrators, or a majority of them, shall fix and determine
the revaluation and the new rent and their decision or a decision of a
majority of them shall be final.
When, in the opinion of the school board,
a school site, building, or site with building thereon, or any other real
estate of the district, has become unnecessary or unsuitable or
inconvenient for a school, or unnecessary for the uses of the district and
the school board decides to sell the same,
unless the property is to be sold to a tenant that has leased the
property for 10 or more years and that tenant is a non-profit agency, the
school board shall give notice of the sale
stating the time and place the sale is to be held, the terms of the sale
and a description of the property to be sold. The notice shall be published
in a newspaper of general circulation published in the district, or if
none, in the county in which the district is situated, such notice to be
published once each week for 3 successive weeks, and the first publication
to be at least 30 days prior to the day the sale is to be held. Unless the
school board holds legal title to the property, the school
board shall notify the trustees of schools of the terms upon which the school
board
desires the property to be conveyed. The school board or trustees of
schools holding legal title to the property shall convey the property in
accordance with the terms fixed by the school board.
The deed of
conveyance shall be executed
by the president and secretary or clerk of the school board or trustees of
the school holding legal title to the property and the proceeds if any shall be
paid
to the school treasurer for the benefit of the district.
In the case of a sale of property to a tenant that has leased the
property for 10 or more years and that is a non-profit agency, an
appraisal is required prior to the sale. If the non-profit agency purchases
the property for less than the appraised value and subsequently sells the
property, the agency may retain only a percentage of the profits that is
proportional to the percentage of the appraisal,
plus any improvements made by the agency while the agency was the
owner,
that the agency paid in the
initial sale.
The remaining portion of the profits made by the non-profit agency
shall revert to the school district.
(Source: P.A. 92-365, eff. 8-15-01.)
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105 ILCS 5/32-4.1
(105 ILCS 5/32-4.1) (from Ch. 122, par. 32-4.1)
Sec. 32-4.1.
Annual tax levy - Township treasurer custodian.
The board of school inspectors of districts described in Section 32-2.11
may levy a tax, annually, upon all of the taxable property of the
district, in the manner provided by Sections 17-2 through 17-9, and in
accordance with the powers conferred by Section 32-4. All moneys raised by
taxation for school purposes, or received from the common school fund or
any other source, or held or collected for school purposes, shall be paid
to and held by the school treasurer as a special fund for school purposes,
subject to the order of the board of school inspectors upon warrants signed
by the president and secretary thereof or a majority of the board.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-4.2
(105 ILCS 5/32-4.2) (from Ch. 122, par. 32-4.2)
Sec. 32-4.2.
Leasehold revenue bonds.
The board of inspectors of districts described in Section 32-2.11 in
addition to all other powers conferred upon it by special law and the
applicable provisions of this Act, may borrow money for the purpose of
building schoolhouses, or repairing, altering or building additions to any
schoolhouses already erected, or purchasing schoolhouse sites, or
purchasing land outside the school district pursuant to the provisions of
Section 22-16 and as evidence of the indebtedness may issue revenue bonds
in denominations of not less than $100 nor more than $1,000 payable solely
from rentals or other revenue to be derived from any lease of school
property made by said board of inspectors in accordance with the power
conferred by Section 32-4. Said bonds shall be negotiable instruments and
shall bear interest at a rate not exceeding the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, payable
semi-annually, and shall mature at or prior to the expiration of the term
of said lease, provided that in any event all such bonds shall mature
within 40 years from the date of said bonds. Said bonds shall not
constitute a general obligation of the school district and may be issued in
addition to all other bonds which the school district is now or hereafter
may be authorized to issue. Said bonds shall not constitute an indebtedness
of the school district within the meaning of any constitutional or
statutory limitation.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4 .)
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105 ILCS 5/32-4.3
(105 ILCS 5/32-4.3) (from Ch. 122, par. 32-4.3)
Sec. 32-4.3.
Resolution.
Said bonds shall be sold in such manner and upon such terms not
inconsistent with the provisions hereof as the board of inspectors shall
determine by resolution authorizing the issuance of said bonds. The
resolution may contain such covenants and restrictions upon the issuance of
additional revenue bonds thereafter as may be deemed necessary or advisable
for the assurance of the payment of all revenue bonds previously issued and
secured by the rentals and other revenue from any lease upon the same
school property. The resolution shall pledge the rentals and other revenue
from said school property for the purpose of paying the cost of operation
and maintenance of said school property, providing an adequate depreciation
fund, and paying the principal of and interest on bonds issued pursuant
thereto and shall provide for the deposit of all rentals and other revenue,
as received, in a special fund to be used only for the purpose of paying
the cost of operating and maintaining said school property, providing an
adequate depreciation fund, and paying the principal of and interest on
said bonds.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-4.4
(105 ILCS 5/32-4.4) (from Ch. 122, par. 32-4.4)
Sec. 32-4.4.
Publication - Referendum on petition.
Within 10 days after
this resolution has been adopted by the board of inspectors it shall be
published at least once in 1 or more newspapers published in the school
district, or if no newspaper is published in such school district, then in
1 or more newspapers with a general circulation therein. The publication of
the resolution shall include a notice of (1) the specific number of voters
required to sign a petition requesting that the question of the adoption of
the resolution be submitted to the electors of the school district; (2) the
time in which such petition must be filed; and (3) the date of the
prospective referendum. The secretary of the Board of inspectors shall
provide a petition form to any individual requesting one. If no petition is
filed with the secretary of the board of inspectors as hereinafter provided
in this Section within 30 days after the publication of the resolution, or
if any and all petition filed are invalid, the resolution shall be in
effect immediately upon the expiration of that 30 day period. But if within
that 30 day period a petition is filed with the secretary, signed by voters
residing within the school district equal to 10% or more of the number of
registered voters in the district, asking that the question of issuing
revenue bonds as provided in said resolution be submitted to the voters of
the school district, the board of inspectors of the school district shall
certify the proposition of issuing revenue bonds as described in said
resolution to the proper election authorities for submission to the
electors in accordance with the general election law. If a majority of the
voters voting upon the question voted in favor of the issuance of said
revenue bonds, then the resolution shall be in effect, but if a majority of
the voters voting upon the question are not in favor thereof, the
resolution shall not take effect.
(Source: P.A. 87-767.)
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105 ILCS 5/32-4.5
(105 ILCS 5/32-4.5) (from Ch. 122, par. 32-4.5)
Sec. 32-4.5.
Signing, attestation, numbering and registration.
All bonds issued pursuant to the authority of sections 32-4.2 to 32-4.5,
inclusive, shall be signed, attested, countersigned, numbered, and
registered and disposition thereof made pursuant to the provisions of
section 32-5.9.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-4.6
(105 ILCS 5/32-4.6) (from Ch. 122, par. 32-4.6)
Sec. 32-4.6. Title, care and custody of property; supervision and control. The title, care and custody of all schoolhouses and school sites
belonging to districts that are described in Section 32-2.11 and that are
not districts whose school boards under subsection (a) of Section 10-22.35B of this Code are to
hold legal title to school buildings and school sites of the district shall
be vested in the
trustees of schools of the townships in which the districts are situated, but the supervision
and control of such schoolhouses and sites shall be vested in the board of
inspectors of the districts.
In all other cases, the legal title, care, custody and control of school
houses and school sites belonging to districts that are described in Section
32-2.11, together with the supervision and control of those school houses and
sites, shall be vested in the board of inspectors of the districts.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/32-4.7
(105 ILCS 5/32-4.7) (from Ch. 122, par. 32-4.7)
Sec. 32-4.7.
Change of boundaries.
The trustees of schools of townships in which districts described in
Section 32-2.11 are situated may change the boundaries of such school
districts when petitioned as provided by this Act.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-4.8
(105 ILCS 5/32-4.8) (from Ch. 122, par. 32-4.8)
Sec. 32-4.8.
Powers of boards - Bond of treasurer.
The board of education of a school district described in Section 32-2.5
shall have all the powers of trustees of schools in school townships and
all the powers of boards of directors, and boards of education elected by
virtue of this Act, and shall also have power to elect and appoint a
secretary for such board, who shall attend all its meetings and keep an
accurate record of all proceedings of the board and shall also have power
to appoint a treasurer for the district whose term of office, duties and
obligations shall be the same as a treasurer appointed by the trustees of
schools, except that the treasurer appointed under this section shall not
be obliged to keep a record of the proceedings of the board. The treasurer
shall, before entering upon his duties, execute a bond in such amount and
with such sureties to be approved by the board of education, and containing
such provisions, as provided in Section 8-2 for the bonds of treasurers
appointed by trustees of schools; provided, however, the board of education
of a school district described in Section 32-2.5 shall not be required to
submit to the voters the propositions of selecting school sites, purchasing
school sites and building school buildings, as provided by any other
section of this Act, but shall have power in its discretion to select and
purchase school sites and build, repair, alter and build additions to any
school buildings which is deemed necessary and in the interests of the
district, and the power to issue bonds and the procedure to be followed in
the issuance of bonds shall be governed by the provisions of Sections 32-5.6 to
32-5.9 inclusive.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-4.9
(105 ILCS 5/32-4.9) (from Ch. 122, par. 32-4.9)
Sec. 32-4.9.
Powers and duties of board members.
All rights, powers and duties heretofore exercised by and devolved upon
the members of the city council, as ex-officio member of the board of
education, or school directors, shall devolve upon and be exercised by the
members of the board of education and school directors appointed under the
provisions of this Article.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-4.10
(105 ILCS 5/32-4.10) (from Ch. 122, par. 32-4.10)
Sec. 32-4.10.
Amount to be raised-Tax levy.
In all school districts to which Sections 32-3 to 32-4.11, inclusive,
apply the school boards shall annually, before August 1, certify to the
city council under the signatures of the president
and secretary of
the board, the amount of money required to be raised by taxation for school
purposes in the district for the ensuing year, and the city council shall
thereupon cause the amount to be levied and collected in the manner now
provided by law for the levy and collection of taxes for school purposes in
the district, but the amount to be so levied and collected shall not exceed
the amount now allowed to be collected for school purposes by this Act.
When such taxes have been collected and paid over to the treasurer of the
city or school district, as may be provided by the terms of the Act under
which the district has been organized, such funds shall be paid out only on
the order of the board of education or school directors, signed by the
president and secretary.
(Source: P.A. 84-550.)
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105 ILCS 5/32-4.10a
(105 ILCS 5/32-4.10a)
Sec. 32-4.10a. (Repealed).
(Source: P.A. 77-4. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/32-4.11
(105 ILCS 5/32-4.11) (from Ch. 122, par. 32-4.11)
Sec. 32-4.11.
Tax
anticipation warrants.
Whenever there is no money in the hands of the treasurer of any school
district to which Sections 32-2 to 32-4.11, inclusive,
shall apply, to defray the necessary expenses of such district, including
amounts necessary to pay maturing principal and interest of bonds, it is lawful
for the school board of
the district to draw and issue warrants against and
in
anticipation of any taxes already levied for the payment of the necessary
expenses of the district, either for transportation, educational or for
all operations, building and maintenance purposes, or for payments to
the Illinois Municipal Retirement Fund, or for the payment of maturing principal
and interest of bonds, as the case may be, to the extent
of 85% of the total amount
of any such taxes levied. The warrants shall show upon their face that they
are payable solely from said taxes when collected, and shall be received by
any collector of taxes in payment of the taxes against which they are
issued. The taxes against which the warrants are drawn shall be set apart
and held for their payment. Every warrant shall bear interest, payable only
out of the taxes against which it shall be drawn, at a rate not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, if issued before
January 1, 1972 and not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, if issued after January 1, 1972, from
the date of its issuance until
paid, or until notice is given by publication in a newspaper or otherwise
that the money for its payment is available and that it will be paid upon
presentation.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4 .)
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105 ILCS 5/32-4.12
(105 ILCS 5/32-4.12) (from Ch. 122, par. 32-4.12)
Sec. 32-4.12.
Sale of real estate-Use of proceeds.
The board of education of any special charter district may sell and
dispose of any real estate conveyed to it by any city for school purposes
and use the proceeds derived from the sale thereof for school building
purposes or for the purchase of other real estate for such purposes.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-4.13
(105 ILCS 5/32-4.13) (from Ch. 122, par. 32-4.13)
Sec. 32-4.13.
Eminent domain.
Whenever any school district existing by virtue of any special charter
and governed by any or all such special charter or special school laws of
this State, and having a population of fewer than 500,000 inhabitants,
requires any lot or parcel of land situated within the district for a site
for a school building or for an addition to any school building already
erected and used for school purposes, or requires any lot or parcel of land
situated within such school district for the purpose of a playground for
school children, and the compensation for such lot or parcel of land cannot
be agreed upon between the owner or owners of such lot or parcel of land
and the corporate authority managing and controlling the public schools of
such district it is lawful for the corporate authority of the district to
acquire such lot or parcel of land and have the compensation to be paid
therefor determined in the manner provided by law for the exercise of the
right of eminent domain.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-4.14
(105 ILCS 5/32-4.14) (from Ch. 122, par. 32-4.14)
Sec. 32-4.14.
Issuance of orders.
The corporate authorities of any special charter district having a
population of less than 500,000 may issue and deliver at least once each
month to the teachers and employees of the district orders on the treasurer
of the district in payment of their salaries. Such orders shall state the
rate of compensation and time for which the teacher or employee is paid and
an order so issued, properly endorsed and paid in full shall be sufficient
receipt for the purpose of this and the succeeding section. The corporate
authorities shall issue no order except an order for the payment of wages
of teachers and employees unless at the time of its issuance there are
sufficient funds in the hands of the treasurer to pay it.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-4.15
(105 ILCS 5/32-4.15) (from Ch. 122, par. 32-4.15)
Sec. 32-4.15.
Form of orders.
Every order issued by the corporate authorities of a district as
described in Section 32-4.14 shall state for what purpose and on what
account it is issued, and shall be in the following form:
STATE OF ILLINOIS
$....... No. ....
To the Treasurer of .... School District, .... County, Illinois.
Pay to the order of .... the sum of .... Dollars ($....)
for .....
By order of the Board of Education (or Board of School Inspectors) of
.... School District, .... County, Illinois.
....(President)
....(Clerk)
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-4.16
(105 ILCS 5/32-4.16) (from Ch. 122, par. 32-4.16)
Sec. 32-4.16.
Cities, villages and towns-Levy made by board of education.
Where a school district was organized as a special charter district of a
city, village, or town, and where such district has an elective board of
education of either 5 or 7 members, and of which board the mayor of the
city, village or town is not ex officio a member, it is not necessary for
such board of education to present an annual financial report to the city,
village or town council, or board of trustees, nor a statement as to the
amount of money necessary to be raised by taxation for school purposes for
the ensuing school year and the council or board of trustees, as the case
may be, shall not make the levy for school purposes but the board of
education shall make the levy for school purposes for such district.
The certificate of such levy shall be made at the time and, as near as
may be, in the form and manner provided in Section 17-11.
(Source: P.A. 77-490 .)
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105 ILCS 5/32-5
(105 ILCS 5/32-5) (from Ch. 122, par. 32-5)
Sec. 32-5. Bond issues - district boundaries coextensive with city. For the purpose of building or repairing schoolhouses or purchasing
or improving school sites, including the purchase of school sites
outside the boundaries of the school district and building school
buildings thereon as provided by Section 10-20.10 of this Act, any
special charter district governed by a special charter, and special or
general school laws, whose boundaries are coextensive with or greater
than the boundaries of any incorporated city, town or village, where
authorized by a majority of all the votes cast on the proposition may
borrow money and as evidence
of the indebtedness, may
issue bonds in denominations of not less than $100 nor more than $1,000,
for a term not to exceed 20 years bearing interest at a rate not to
exceed the maximum rate authorized by the Bond Authorization Act, as amended
at the time of the making of the contract, payable annually,
semi-annually, or quarterly,
signed by the president and secretary of the school board of the
district; provided, that the amount borrowed shall not exceed, including
existing indebtedness, 5% of the taxable property of such school
district, as ascertained by the last assessment for State and county
taxes previous to incurring such indebtedness.
With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 1989 (the effective date of Public Act 86-4), it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 99-642, eff. 7-28-16.)
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105 ILCS 5/32-5.1
(105 ILCS 5/32-5.1) (from Ch. 122, par. 32-5.1)
Sec. 32-5.1.
Registration, numbering and countersigning.
All bonds authorized by Section 32-5, before being issued, negotiated
and sold, shall be registered, numbered and countersigned by the treasurer
of the school district. The registration shall be made in a book in which
shall be entered the record of the election authorizing the school district
to issue bonds, and a description of the bonds issued, including the
number, date, amount, rate of interest and when payable.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-5.2
(105 ILCS 5/32-5.2) (from Ch. 122, par. 32-5.2)
Sec. 32-5.2.
Moneys paid into treasury - Delivery of bonds - Records.
All moneys borrowed by virtue of Section 32-5 shall be paid into the
treasury of the school district. Upon receiving the moneys, the treasurer
shall deliver the bonds issued therefor to the persons entitled to receive
them, and shall credit the amount received to the district. The treasurer
shall record the amount received for each bond issued, and when any bond is
paid the treasurer shall cancel it and enter in the register opposite the
record of the bond the words "paid and cancelled" and
the date of the payment.
(Source: P.A. 91-357, eff. 7-29-99.)
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105 ILCS 5/32-5.3
(105 ILCS 5/32-5.3) (from Ch. 122, par. 32-5.3)
Sec. 32-5.3.
Election - Notice - Judges.
Whenever it is desired to hold a referendum for the purpose of
borrowing money as provided by Section 32-5, the school board of the
district in which the proposition is to be held shall
adopt a resolution ordering the referendum and shall certify the proposition
to the proper election authorities who shall submit the proposition at a
regular scheduled election in accordance with the general election law.
(Source: P.A. 81-1489.)
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105 ILCS 5/32-5.5
(105 ILCS 5/32-5.5) (from Ch. 122, par. 32-5.5)
Sec. 32-5.5.
Issue of new bonds.
When any school district described in Section 32-5 has heretofore
issued bonds or other evidences of indebtedness, on account of any public
school building, or for any other purpose, which are now binding and
subsisting obligations against such school district and remaining
outstanding, such school district may, upon the surrender of any such bonds
or any part thereof, or other evidences of indebtedness, issue in lieu
thereof, to the holders of the bonds, or to any persons, for money with
which to take them up, new bonds in accordance with the provisions of
Sections 32-5 to 32-5.4, inclusive; provided, such bonds shall not be
issued so as to increase the aggregate indebtedness of such school district
to exceed, including existing indebtedness, 5% of the taxable property of
such school district, to be ascertained by the last assessment for State
and county taxes previous to incurring such indebtedness.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-5.6
(105 ILCS 5/32-5.6) (from Ch. 122, par. 32-5.6)
Sec. 32-5.6.
Special charter districts with population less than
500,000 - Authority to borrow money and issue bonds. The corporate
authorities of any special charter district having a population of less
than 500,000 governed by a special charter, or special charter and
general law, may borrow money for the purpose of building schoolhouses,
or repairing, altering and building additions to any schoolhouse already
erected, or purchasing schoolhouse sites or purchasing grounds adjoining
any schoolhouse site, or separated therefrom only by a public street or
way, and shall also include the purchase of school sites outside the
boundaries of the school district and building school buildings thereon
as provided by Sections 10-22.35 and 10-22.36 of this Act, and may
issue its negotiable coupon bonds therefor in such form and such
denominations, payable at such place and at such time or times (not
exceeding 20 years from date of issuance) and bearing interest at such
rate as the corporate authorities may by resolution prescribe. The bonds
shall be in denominations of not less than $100 nor more than $5,000,
and shall bear interest at a rate not to exceed the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the making of the
contract, if issued
before January 1, 1972 and not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, if issued after
January 1, 1972, payable semi-annually. No money may be borrowed or
bonds issued, however, unless the proposition to borrow money and issue
bonds for the purpose or purposes and in the amount prescribed in the
resolution is certified to the proper election authorities and submitted
to the voters of the school district at a regular scheduled election
in accordance with the
general election law, and the majority of
all the votes cast on the proposition is in favor thereof. The
corporate authorities may not incur any indebtedness under this Section,
which together with all other outstanding indebtedness, exceeds in the
aggregate the indebtedness limitation under Section 19-1 of this Act
that would be applicable if the district were not a special charter
district.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
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105 ILCS 5/32-5.7
(105 ILCS 5/32-5.7) (from Ch. 122, par. 32-5.7)
Sec. 32-5.7.
Submission to voters - Notice of election.
Whenever it is desired to submit to the voters of any school district
to which Section 32-5.6 applies the proposition to borrow money and
issue bonds for any or all of the purposes specified in Section 32-5.6,
the school board of such school district
shall adopt a resolution directing that such proposition be submitted
to referendum and the secretary of the board shall certify the proposition
to the proper election authorities for submission to the electors in accordance
with the general election law.
(Source: P.A. 81-1489.)
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105 ILCS 5/32-5.8
(105 ILCS 5/32-5.8) (from Ch. 122, par. 32-5.8)
Sec. 32-5.8.
Ballots.
The proposition
submitted to the voters of any school district to which Sections 32-5.6
to 32-5.9, inclusive, apply shall specify the total
amount of the bonds sought to be issued, and the specific purpose or
purposes for which the bonds shall be issued, and shall be substantially
in the following
form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall bonds or obligations for the purpose of (state specific YES purpose) in the sum of $.... be issued by (state whether to be - - - - - - - - - - - - - - - - - - - - - -
issued by the board of education or board of school inspectors) NO of....? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(Source: P.A. 81-1489 .)
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105 ILCS 5/32-5.9
(105 ILCS 5/32-5.9) (from Ch. 122, par. 32-5.9)
Sec. 32-5.9.
Signature and attestation - Numbering and registration - Delivery of bonds.
All bonds authorized to be issued under Sections 32-5.6 to 32-5.9,
inclusive, before being issued, negotiated and sold shall be signed by the
president of the school board and attested by the secretary and
countersigned by the treasurer of the school board or of the school
district. All of the bonds shall be numbered by such treasurer and
registered in a book. All moneys borrowed under Section 32-5.6 to 32-5.9,
inclusive, shall be paid into the treasury of the school board, or of the
school district, and thereupon the treasurer thereof shall deliver the
bonds therefor to the persons entitled to receive them. The treasurer shall
record the amount for which each bond is issued, negotiated and sold, and
when any bond is paid, he shall cancel it and enter in the register
opposite the record of the bond the date, month and year when it was paid.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-5.10
(105 ILCS 5/32-5.10) (from Ch. 122, par. 32-5.10)
Sec. 32-5.10.
Assumption of indebtedness of city for school purposes.
Whenever any city is by special law made a school district, or whenever
any school district created by special law is coterminous with any city,
the directors of the district may, at the request of the city council,
assume and provide for, by borrowing and taxation, any indebtedness created
by the authorities of the city for school purposes.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/32-6.1
(105 ILCS 5/32-6.1) (from Ch. 122, par. 32-6.1)
Sec. 32-6.1.
Territory disconnected from city or village.
Whenever the territorial limits of any special charter district governed
by any or all of the provisions of the special charter coincide with the
territorial limits of (1) any township which is wholly surrounded by any
school district, and (2) any city, town, or village from which any land has
been heretofore or is hereafter disconnected under the provisions of
Section 7-3-6 of the Illinois Municipal Code, as heretofore and hereafter
amended, as the territorial limits of such city, town or village existed
immediately prior to such disconnection, the land disconnected from such
city, town or village shall also be deemed to be disconnected from such
school district and annexed to a school district in the township it
adjoins.
(Source: Laws 1963, p. 923.)
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105 ILCS 5/32-6.2
(105 ILCS 5/32-6.2) (from Ch. 122, par. 32-6.2)
Sec. 32-6.2.
Bonded indebtedness.
The disconnection of any land under Section 32-6.1 shall not exempt it
from taxation for the purpose of paying any bonded indebtedness contracted
prior to the disconnection, but such land shall be assessed and taxed for
this purpose until such indebtedness is completely paid, the same as though
not disconnected. After the disconnection the county clerk of the county in
which such land is situated shall not include such land within the limits
of such school district for any purpose, except as stated herein, but shall
include it within the adjoining district.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-7
(105 ILCS 5/32-7) (from Ch. 122, par. 32-7)
Sec. 32-7.
Form of bond.
The form of bond to be given by any treasurer who
has the custody of funds belonging to any special charter district shall be
substantially in the following form:
We, (AB), principal, and (CD and EF), sureties, all of the County of .... and
State of Illinois, are obligated to the People of the State of Illinois, for
the use of the .... (name of school district) in the penal sum of $...., for
the payment of which to be made, we obligate ourselves, and each of us, our
heirs, executors, administrators, successors, and assigns.
Dated (insert date).
The condition of the above bond is that if the above obligated (AB)
shall perform all the duties which are, or may be required by law to be
performed by him as treasurer of the school district in the time and
manner prescribed, or to be prescribed by law, and when he shall be
succeeded in office and surrender and deliver over to his successor in
office all books, papers, moneys, and other things belonging to the
school district and pertaining to his office, then the above bond to
be void; otherwise, to remain in full force.
It is expressly understood and intended that the obligation of the above
named sureties shall not extend to any loss sustained by the insolvency,
failure, or closing of any bank or savings and loan association organized
and operating either under the
laws of the State of Illinois or the United States wherein such treasurer
has placed the funds in his custody or control, or any part thereof,
provided, such depository has been approved by the (board of education,
board of school inspectors or other governing body of the particular
district) of the .... (name of district).
A B ....
C D ....
E F ....
(Source: P.A. 91-357, eff. 7-29-99.)
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105 ILCS 5/32-7.1
(105 ILCS 5/32-7.1) (from Ch. 122, par. 32-7.1)
Sec. 32-7.1.
Amount of bond.
The amount of the bond prescribed by Section 32-7 shall be fixed by the
governing body of the district but shall not be less than 1/10 of the
maximum amount of all moneys which came into the hands or control of such
treasurer or his predecessors during any fiscal year in the preceding 5
years nor less than 1 1/2 times the largest amount estimated by such
governing body will be in his hands or control at any one time if
individuals act as sureties nor less than the largest amount estimated by
such governing body will be in his hands or control at any one time if the
surety is a surety company authorized to do business in this State.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/32-7.2
(105 ILCS 5/32-7.2) (from Ch. 122, par. 32-7.2)
Sec. 32-7.2.
Teachers' orders.
The school treasurer of any special
charter district having a population of less than 500,000 shall pay out no
funds of the district except on an order of the corporate authorities
thereof, signed by the president and clerk, or by a majority of the board.
When an order issued for the wages of any teacher or employee of such
district is presented to the treasurer and is not paid for want of funds,
the treasurer shall endorse it over his signature "not paid for want of
funds", with the date of presentation, and shall make and keep a record of
such endorsement. The order shall thereafter bear interest at the rate
established by the school board of the district, payable annually, not
exceeding the rate authorized from time to time under the Bond
Authorization Act until the treasurer of such district notifies the clerk
in writing that he has funds to pay it, and the treasurer shall keep a
record of such notices and hold the funds necessary to pay such order until
it is presented. The order shall draw no interest after notice
is given to the clerk. Orders presented within 10 days after the notice
is mailed to the clerk shall be payable in the numerical order of their
issuance.
(Source: P.A. 86-715; 86-1161.)
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105 ILCS 5/32-7.3
(105 ILCS 5/32-7.3) (from Ch. 122, par. 32-7.3)
Sec. 32-7.3. Depositaries. The governing body of any special charter district, when requested by
the treasurer or custodian of the funds of the district, shall designate
one or more banks or savings and loan associations in which the funds
in the custody of the
treasurer or custodian may be kept. A bank or savings and loan association
designated as a depositary shall
continue as such until 10 days have elapsed after a new depositary is
designated and has qualified by furnishing the statements of resources and
liabilities as is required by this Section. When a new depositary is
designated, the board of education or other governing body shall notify the
sureties of the treasurer or custodian of that fact, in writing, at least 5
days before the transfer of funds. The treasurer or custodian shall be
discharged from responsibility for all funds which he deposits in a
depositary so designated while such funds are so deposited.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
(Source: P.A. 100-863, eff. 8-14-18.)
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105 ILCS 5/Art. 33
(105 ILCS 5/Art. 33 heading)
ARTICLE 33.
DISTRICTS FROM 100,000 TO NOT MORE THAN 500,000 INHABITANTS
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105 ILCS 5/33-1
(105 ILCS 5/33-1) (from Ch. 122, par. 33-1)
Sec. 33-1. Board of Education - Election - Terms. In all school districts,
including special charter districts having a population of 100,000 and not
more than 500,000, which adopt this Article, as hereinafter provided, there
shall be maintained a system of free schools in charge of a board of education,
which shall be a body politic and corporate by the name of "Board of Education
of the City of....". The board shall consist of 7 members elected by the
voters of the district. Except as provided in Section 33-1b of this Act,
the regular election for members of the board shall be held at the consolidated election in odd numbered years and at the general primary election
in even numbered years. The law governing the registration of voters for
the primary election shall apply to the regular election. At the first
regular election 7 persons shall be elected as members of the board. The
person who receives the greatest number of votes shall be elected for a
term of 5 years. The 2 persons who receive the second and third greatest
number of votes shall be elected for a term of 4 years. The person who
receives the fourth greatest number of votes shall be elected
for a term of 3 years. The 2 persons who receive the fifth and sixth greatest
number of votes shall be elected for a term of 2 years. The person who
receives the seventh greatest number of votes shall be elected for a term
of 1 year. Thereafter, at each regular election for members of the board,
the successors of the members whose terms expire in the year of election
shall be elected for a term of 5 years. All terms shall commence on July
1 next succeeding the elections. Any vacancy occurring in the membership
of the board shall be filled by appointment until the next regular election
for members of the board.
In any school district which has adopted this Article, a proposition for
the election of board members by school board district rather than at large
may be submitted to the voters of the district at the regular school election
of any year in the manner provided in Section 9-22. If the proposition
is approved by a majority of those voting on the propositions, the board
shall divide the school district into 7 school board districts as provided
in Section 9-22. At the regular school election in the year following the
adoption of such proposition, one member shall be elected from each school
board district, and the 7 members so elected shall, by lot, determine one
to serve for one year, 2 for 2 years, one for 3 years, 2 for 4 years, and
one for 5 years. Thereafter their respective successors shall be elected
for terms of 5 years. The terms of all incumbent members expire July 1
of the year following the adoption of such a proposition.
Any school district which has adopted this Article may, by referendum in
accordance with Section 33-1a, adopt the method of electing members of the
board of education provided in that Section.
Reapportionment of the voting districts provided for in this Article or
created pursuant to a court order, shall be completed pursuant to
Section 33-1c.
A board of education may appoint a student to the board to serve in an advisory capacity. The student member shall serve for a term as determined by the board. The board may not grant the student member any voting privileges, but shall consider the student member as an advisor. The student member may not participate in or attend any executive session of the board.
(Source: P.A. 94-231, eff. 7-14-05; 95-6, eff. 6-20-07.)
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105 ILCS 5/33-1a
(105 ILCS 5/33-1a) (from Ch. 122, par. 33-1a)
Sec. 33-1a.
Board of Education-Alternative Method of
Election-Terms. The board of education may, on its own motion, or shall
upon the petition of the lesser of 2,500 or 5% of the voters registered
in the district, submit to the voters of the district at a regular
school election held in an even-numbered year a proposition for the election of 4 board
members from school board districts and 3 board members at large. If
the proposition is approved by a majority of those voting on the
proposition, the board shall divide the school district into 4 school
board districts, each of which must be compact and contiguous and
substantially equal in population to each other district. At the school
election in the following year, one member shall be elected from each
school board district and 3 members shall be elected at large. They
shall commence their terms on July 1, at which time the terms of the
incumbent board members expire. Those members first elected under this
Section shall determine by lot which member at large and which 2
district members shall serve for 2 years; the other 2 members at large
and the other 2 district members shall serve for a 4 year term. Their
respective successors shall be elected for terms of 4 years.
The regular election for members of the board of education shall be
held on the same day as the regular township or municipal election.
Terms shall commence on July 1 following the election. Any vacancy
occurring in the membership of the board shall be filled by appointment
of the board until the next regular election for members of such board at
which election the office shall be filled.
(Source: P.A. 80-1469.)
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105 ILCS 5/33-1b
(105 ILCS 5/33-1b) (from Ch. 122, par. 33-1b)
Sec. 33-1b.
Whenever the date designated in Section 33-1 for the election
of members of boards of education conflicts with the celebration of Passover,
that election shall be postponed to the first Tuesday following the last
day of Passover.
(Source: P.A. 82-1014.)
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105 ILCS 5/33-1c
(105 ILCS 5/33-1c) (from Ch. 122, par. 33-1c)
Sec. 33-1c.
Reapportionment of board voting districts.
In the year
following each decennial census, the Board of Education shall reapportion
the board voting districts to reflect the results of such census. The
board voting districts shall be compact, contiguous and have substantially
the same ratio of population to the total population of the school district
as the ratio of the board members elected from that board voting district
has to the total number of members of the Board of Education. The
reapportionment plan shall be completed and formally approved by a majority
of the members of the board not less than 90 days before the last date
established by law for the filing of nominating petitions for the second
school board election after the decennial census year. If by
reapportionment a board member no longer resides within the board voting
district from which the member was elected, the member shall continue to
serve in office until the expiration of the member's regular term. All new
members shall be elected from the board voting districts as reapportioned.
(Source: P.A. 86-1331.)
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105 ILCS 5/33-2
(105 ILCS 5/33-2) (from Ch. 122, par. 33-2)
Sec. 33-2. Eligibility. To be eligible for election to the board, a person
shall be a citizen of
the United States, shall have been a resident of the district for at least one
year immediately preceding his or her election, and
shall not be a child sex offender as defined in Section 11-9.3 of the
Criminal Code of 2012. Permanent removal from the
district by any member constitutes a resignation from and creates a vacancy
in the board. Board members shall serve without compensation.
Notwithstanding any provisions to the contrary in any special charter,
petitions nominating candidates for the board of education shall be signed
by at least 200 voters of the district; and the polls, whether they be
located within a city lying in the district or outside of a city, shall
remain open during the hours specified in the Election Code.
(Source: P.A. 97-1150, eff. 1-25-13.)
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105 ILCS 5/33-3
(105 ILCS 5/33-3) (from Ch. 122, par. 33-3)
Sec. 33-3.
President, secretary and treasurer.
At the first regular meeting of the board in July of each year, or as
soon thereafter as may be, the board shall choose 1 of its number as
president, and shall appoint a secretary and a treasurer, who need not be
members of the board. The president, secretary and treasurer shall hold
their offices for 1 year and until their successors are appointed and
qualified. They shall be subject to removal by a majority of all the
members and in case of removal or where a vacancy otherwise occurs in
either of the offices the board shall appoint a successor to fill the
vacancy.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/33-4
(105 ILCS 5/33-4) (from Ch. 122, par. 33-4)
Sec. 33-4.
Rights, powers and duties of board.
The board of education shall succeed to all rights, powers and duties of
the former governing body of the district.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/33-5
(105 ILCS 5/33-5) (from Ch. 122, par. 33-5)
Sec. 33-5.
Interest in contracts or transactions.
No member or employee of the board shall be directly or indirectly
interested in any contract, work, or business of the district, or in the
sale of any article, the expense, price or consideration of which is paid
by the district; nor in the purchase of any real estate or property
belonging to the district, or which shall be sold by virtue of legal
process at the suit of the district. Whoever violates any provision of this
Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 77-2267.)
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105 ILCS 5/33-6
(105 ILCS 5/33-6) (from Ch. 122, par. 33-6)
Sec. 33-6.
Adoption of article by voters.
The electors of any such
school district may adopt this Article in the following manner: whenever
1000 of the voters of the district voting at the last preceding election
petition the Chief Judge of the Circuit Court or any Judge of that
Circuit designated by the Chief Judge of the county in which the
district is located to submit to a vote of the electors of the district
the proposition as to whether the district shall adopt this Article, the
circuit court shall, upon entering an order to that effect, submit the
proposition at the next regular scheduled election. The court shall certify
the proposition to the proper election authorities for submission to the
electors in accordance with the general election law.
(Source: P.A. 81-1489.)
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105 ILCS 5/33-7
(105 ILCS 5/33-7) (from Ch. 122, par. 33-7)
Sec. 33-7.
Notice of election - Law applicable - Statement of proposition.
The Chief Judge of the Circuit Court or any Judge of that Circuit designated
by the Chief Judge shall give notice of the election at which such proposition
is to be submitted by publishing the notice in accordance with the general
election law. If a majority of the votes cast upon the proposition is in
favor thereof this Article shall thereby be adopted by the school district,
and the circuit court shall thereupon enter an order declaring this Article
in force therein.
(Source: P.A. 81-1490.)
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105 ILCS 5/Art. 34
(105 ILCS 5/Art. 34 heading)
ARTICLE 34.
CITIES OF OVER 500,000
INHABITANTS - BOARD OF EDUCATION
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105 ILCS 5/34-1
(105 ILCS 5/34-1) (from Ch. 122, par. 34-1)
Sec. 34-1.
Application of article; Definitions.
This Article applies only to
cities having a population exceeding 500,000.
"Trustees", when used in this Article, means the Chicago School Reform
Board of Trustees created by this amendatory Act of 1995 and serving as the
governing board of the school district organized under this Article beginning
with its appointment on or after the effective date of this amendatory Act of
1995 and continuing until June 30, 1999 or the appointment of a new Chicago
Board of Education as provided in Section 34-3, whichever is later.
"Board", or "board of education" when used in this Article, means: (i)
the Chicago School Reform Board of Trustees for the period that begins with the
appointment of the Trustees and that ends on the later of June 30, 1999 or the
appointment of a new Chicago Board of Education as provided in Section 34-3;
and (ii) the new Chicago Board of Education from and after June 30, 1999 or
from and after its appointment as provided in Section 34-3, whichever is later.
Except during the period that begins with the appointment of the Chicago
School Reform Board of Trustees on or after the effective date of this
amendatory Act of 1995 and that ends on the later of June 30, 1999 or the
appointment of a new Chicago Board of Education as provided in Section 34-3:
(i) the school district organized under this Article may be subject to further
limitations imposed under Article 34A; and (ii) the provisions of Article 34A
prevail over the other provisions of this Act, including the provisions of this
Article, to the extent of any conflict.
(Source: P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-1.01
(105 ILCS 5/34-1.01) (from Ch. 122, par. 34-1.01)
Sec. 34-1.01.
Intent.
The General Assembly has previously established
that the primary purpose of schooling is the transmission of knowledge and
culture through which children learn in areas necessary to their continuing
development, and the General Assembly has defined these areas as including
language arts, mathematics, biological, physical and social sciences, the
fine arts, and physical development and health. The General Assembly
declares its intent to achieve the primary purpose of schooling in
elementary and secondary schools subject to this Article, as now or
hereafter amended, in cities of over 500,000 inhabitants, through the
provisions of this amendatory Act of 1991.
A. Goals. In the furtherance of this intent, the General Assembly is
committed to the belief that, while such urban schools should foster
improvement and student growth in a number of areas, first priority should
be given to achieving the following goals:
1. assuring that students show significant progress | | toward meeting and exceeding State performance standards in State mandated learning areas, including the mastery of higher order thinking skills in these and other learning areas;
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2. assuring that students attend school regularly and
| | graduate from high school at rates that equal or surpass national norms;
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3. assuring that students are adequately prepared for
| | further education and aiding students in making a successful transition to further education;
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4. assuring that students are adequately prepared for
| | successful entry into employment and aiding students in making a successful transition to employment;
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5. assuring that students are, to the maximum extent
| | possible, provided with a common learning experience that is of high academic quality and that reflects high expectations for all students' capacities to learn;
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6. assuring that students are better prepared to
| | compete in the international market place by having foreign language proficiency and stronger international studies;
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7. assuring that students are encouraged in exploring
| | potential interests in fields such as journalism, drama, art and music;
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8. assuring that individual teachers are granted the
| | professional authority to make decisions about instruction and the method of teaching;
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9. assuring that students are provided the means to
| | express themselves creatively and to respond to the artistic expression of others through the visual arts, music, drama and dance; and
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10. assuring that students are provided adequate
| | athletic programs that encourage pride and positive identification with the attendance center and that reduce the number of dropouts and teenage delinquents.
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B. Achieving goals. To achieve these priority goals, the General
Assembly intends to make the individual local school the essential unit for
educational governance and improvement and to establish a process for
placing the primary responsibility for school governance and improvement in
furtherance of such goals in the hands of parents, community residents,
teachers, and the school principal at the school level.
Further, to achieve these priority goals, the General Assembly intends to
lodge with the board of education key powers in limited areas related to
district-wide policy, so that the board of education supports school-level
governance and improvement and carries out functions that can be performed
more efficiently through centralized action.
The General Assembly does not intend to alter or amend the provisions
of the desegregation obligations of the board of education, including but
not limited to the Consent Decree or the Desegregation Plan in United
States v. Chicago Board of Education, 80 C 5124, U.S. District Court for
the Northern District of Illinois. Accordingly, the implementation of this
amendatory Act of 1991, to the extent practicable, shall be consistent with
and, in all cases, shall be subject to the desegregation obligations
pursuant to such Consent Decree and Desegregation Plan.
(Source: P.A. 87-455; 88-686, eff. 1-24-95.)
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105 ILCS 5/34-1.02
(105 ILCS 5/34-1.02) (from Ch. 122, par. 34-1.02)
Sec. 34-1.02.
Educational reform.
The General Assembly hereby finds
and declares that educational reform in school districts organized under
this Article shall be implemented in such manner that:
1. the percentage of entering freshmen who 4 years later graduate from
12th grade from each high school attendance center within the district in
each of the 1989-90, 1990-91, 1991-92, 1992-93 and 1993-94 school years
exceeds by at least 5% the percentage of similar students graduating from
that high school attendance center in the immediately preceding school year;
2. the average daily student attendance rate within the district in each of
the 1989-90, 1990-91, 1991-92, 1992-93 and 1993-94 school years exceeds by
at least 1% the average daily student attendance rate within the district for
the immediately preceding school year;
3. by the conclusion of the 1993-1994 school year, the percentage of
students within the district failing and not advancing to the next higher
grade or graduating is at least 10% less than the percentage of students
within the district failing and not advancing to the next higher grade or
graduating at the conclusion of the 1987-88 school year;
4. on an annual basis, each attendance center within the district
makes significant progress toward meeting and exceeding State performance
standards in reading, writing, mathematics, and other State mandated learning
areas, including the mastery of higher
order thinking skills in these learning areas. Significant annual progress
toward meeting and exceeding State performance standards shall occur for all
students regardless of race, ethnicity, gender, or income status, based on the
expectation that these subgroups shall meet and exceed State performance
standards. Annual objectives for significant progress and timeframes during
which the students' performance overall and as measured within subgroups will
meet and exceed State performance standards shall be specified in
the school improvement plan required in Section 34-2.4; and
5. appropriate improvement and progress are realized each school year in
each attendance center within the district, when compared to the
performance of such attendance center during the immediately preceding
school year, in advancing toward and achieving the objectives established
by paragraphs 1 through 4 of this Section.
(Source: P.A. 88-686, eff. 1-24-95.)
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105 ILCS 5/34-1.05 (105 ILCS 5/34-1.05) Sec. 34-1.05. (Repealed).
(Source: P.A. 98-1053, eff. 1-1-15. Repealed internally, eff. 5-31-16.) |
105 ILCS 5/34-1.1
(105 ILCS 5/34-1.1) (from Ch. 122, par. 34-1.1)
Sec. 34-1.1. Definitions. As used in this Article:
"Academic Accountability Council" means the Chicago Schools Academic
Accountability Council created under Section 34-3.4.
"Local School Council" means a local school council established
under Section 34-2.1.
"School" and "attendance center" are used interchangeably to mean any
attendance center operated pursuant to this Article and under the direction
of one principal.
"Secondary Attendance Center" means a school which has students enrolled
in grades 9 through 12 (although it may also have students enrolled
in grades below grade 9).
"Local Attendance Area School" means a school which has a local
attendance area established by the board.
"Multi-area school" means a school other than a local attendance area school.
"Contract school" means an attendance center managed and operated by a for-profit or not-for-profit private entity retained by the board to provide instructional and other services to a majority of the pupils enrolled in the attendance center. "Contract turnaround school" means an experimental contract school created by the board to implement alternative governance in an attendance center subject to restructuring or similar intervention. "Parent" means a parent or legal guardian of an enrolled student of an
attendance center.
"Community resident" means a person, 18 years of age or older,
residing within an attendance area served by a school,
excluding any person who is a parent of a student enrolled in that
school; provided that with respect to any multi-area school, community
resident means any person, 18 years of age or older, residing within the
voting district established for that school pursuant to Section 34-2.1c,
excluding any person who is a parent of a student enrolled in that school.
"School staff" means all certificated and uncertificated school
personnel, including all teaching and administrative staff (other than the
principal) and including all custodial, food service and other civil
service employees, who are employed at and assigned to perform the majority
of their employment duties at one attendance center served by the same
local school council.
"Regular meetings" means the meeting dates established by the local
school council at its annual organizational meeting.
(Source: P.A. 100-1046, eff. 8-23-18.)
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105 ILCS 5/34-2
(105 ILCS 5/34-2) (from Ch. 122, par. 34-2)
Sec. 34-2.
City
to constitute district-Corporate status of board.
Each city having a population exceeding 500,000 shall constitute one
school district which shall maintain a system of free schools under the
charge of a board of education. The district shall be a body politic and
corporate by the name of "Board of Education of the City of ...." and by
that name may sue and be sued in all courts and places where judicial
proceedings are had.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/34-2.1
(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
Sec. 34-2.1. Local School Councils - Composition - Voter-Eligibility
- Elections - Terms. (a) A local school council shall be established for each attendance
center within the school district. Each local school council shall
consist of the following 12 voting members: the principal of the
attendance center, 2 teachers employed and assigned to perform the
majority of their employment duties at the attendance center, 6 parents of
students currently enrolled at the attendance center, one employee of the school district employed and assigned to perform the majority of his or her employment duties at the attendance center who is not a teacher, and 2 community
residents. Neither the parents nor the community residents who serve as
members of the local school council shall be employees of the Board of
Education. In each secondary attendance center, the local school council
shall consist of 13 voting members -- the 12 voting members described above
and one full-time student member, appointed as provided in subsection
(m) below.
In the event that the chief executive officer of the Chicago School Reform
Board of Trustees determines that a local school council is not carrying out
its financial duties effectively, the chief executive officer is authorized to
appoint a representative of the business community with experience in finance
and management
to serve as an advisor to the local school council for
the purpose of providing advice and assistance to the local school council on
fiscal matters.
The advisor shall have access to relevant financial records of the
local school council. The advisor may attend executive sessions.
The chief executive officer shall
issue a written policy defining the circumstances under which a local school
council is not carrying out its financial duties effectively.
(b) Within 7 days of January 11, 1991, the Mayor shall appoint the
members and officers (a Chairperson who shall be a parent member and a
Secretary) of each local school council who shall hold their offices until
their successors shall be elected and qualified. Members so appointed shall
have all the powers and duties of local school councils as set forth in
this amendatory Act of 1991. The Mayor's appointments shall not require
approval by the City Council.
The membership of each local school council shall be encouraged to be
reflective of the racial and ethnic composition of the student population
of the attendance center served by the local school council.
(c) Beginning with the 1995-1996 school year and in every even-numbered
year thereafter, the Board shall set second semester Parent Report Card
Pick-up Day for Local School Council elections and may schedule elections at
year-round schools for the same dates as the remainder of the school system.
Elections shall be
conducted as provided herein by the Board of Education in consultation with
the local school council at each attendance center.
(d) Beginning with the 1995-96 school year, the following
procedures shall apply to the election of local school council members at each
attendance center:
(i) The elected members of each local school council | | shall consist of the 6 parent members and the 2 community resident members.
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(ii) Each elected member shall be elected by the
| | eligible voters of that attendance center to serve for a two-year term commencing on July 1 immediately following the election described in subsection (c). Eligible voters for each attendance center shall consist of the parents and community residents for that attendance center.
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(iii) Each eligible voter shall be entitled to cast
| | one vote for up to a total of 5 candidates, irrespective of whether such candidates are parent or community resident candidates.
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(iv) Each parent voter shall be entitled to vote in
| | the local school council election at each attendance center in which he or she has a child currently enrolled. Each community resident voter shall be entitled to vote in the local school council election at each attendance center for which he or she resides in the applicable attendance area or voting district, as the case may be.
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(v) Each eligible voter shall be entitled to vote
| | once, but not more than once, in the local school council election at each attendance center at which the voter is eligible to vote.
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(vi) The 2 teacher members and the non-teacher
| | employee member of each local school council shall be appointed as provided in subsection (l) below each to serve for a two-year term coinciding with that of the elected parent and community resident members.
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(vii) At secondary attendance centers, the voting
| | student member shall be appointed as provided in subsection (m) below to serve for a one-year term coinciding with the beginning of the terms of the elected parent and community members of the local school council.
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(e) The Council shall publicize the date and place of the election by
posting notices at the attendance center, in public places within the
attendance boundaries of the attendance center and by distributing notices
to the pupils at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all eligible voters.
(f) Nomination. The Council shall publicize the opening of nominations
by posting notices at the attendance center, in public places within the
attendance boundaries of the attendance center and by distributing notices
to the pupils at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all eligible voters.
Not less than 2 weeks before the election date, persons eligible to run for
the Council shall submit their name,
date of birth, social
security number, if
available,
and some evidence of eligibility
to the Council. The Council shall encourage nomination of candidates
reflecting the racial/ethnic population of the students at the attendance
center. Each person nominated who runs as a candidate shall disclose, in a
manner determined by the Board, any economic interest held by such person,
by such person's spouse or children, or by each business entity in which
such person has an ownership interest, in any contract with the Board, any
local school council or any public school in the school
district.
Each person
nominated who runs as a candidate shall also disclose, in a manner determined
by the Board, if he or she ever has been convicted of any of the offenses
specified in subsection (c) of Section 34-18.5; provided that neither this
provision nor any other provision of this Section shall be deemed to require
the disclosure of any information that is contained in any law enforcement
record or juvenile court record that is confidential or whose accessibility or
disclosure is restricted or prohibited under Section 5-901 or
5-905 of the Juvenile
Court Act of 1987.
Failure to make such disclosure shall render a person ineligible
for election or to serve on the local school council. The same
disclosure shall be
required of persons under consideration for appointment to the Council
pursuant to subsections (l) and (m) of this Section.
(f-5) Notwithstanding disclosure, a person who has been convicted of any
of
the
following offenses at any time shall be ineligible for election or appointment
to a local
school council and ineligible for appointment to a local school council
pursuant to
subsections (l) and (m) of this Section: (i) those defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) of Section 11-14.3, of the
Criminal Code of 1961 or the Criminal Code of 2012, or (ii) any offense committed or attempted in any other
state or
against the laws of the United States, which, if committed or attempted in this
State,
would have been punishable as one or more of the foregoing offenses.
Notwithstanding
disclosure, a person who has been convicted of any of the following offenses
within the
10 years previous to the date of nomination or appointment shall be ineligible
for election or
appointment to a local school council:
(i) those defined in Section 401.1, 405.1, or 405.2 of the Illinois Controlled
Substances Act or (ii) any
offense committed
or attempted in any other state or against the laws of the United States,
which, if
committed or attempted in this State, would have been punishable as one or more
of the
foregoing offenses.
Immediately upon election or appointment, incoming local school
council members
shall be
required to undergo a criminal background investigation, to be completed prior
to the member taking office,
in order to identify
any criminal convictions under the offenses enumerated in Section 34-18.5.
The investigation shall be conducted by the Department of State Police in the
same manner as provided for in Section 34-18.5. However, notwithstanding
Section 34-18.5, the social security number shall be provided only if
available.
If it is determined at any time that a local school council member or
member-elect has been convicted
of any of the offenses enumerated in this Section or failed to disclose a
conviction of any of the offenses enumerated in Section 34-18.5, the general
superintendent shall notify the local school council member or member-elect of
such
determination and the local school council member or member-elect shall be
removed from the
local school council by the Board, subject to a hearing,
convened pursuant to Board rule, prior to removal.
(g) At least one week before the election date, the Council shall
publicize, in the manner provided in subsection (e), the names of persons
nominated for election.
(h) Voting shall be in person by secret ballot at the attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
(i) Candidates receiving the highest number of votes shall be declared
elected by the Council. In cases of a tie, the Council shall determine the
winner by lot.
(j) The Council shall certify the results of the election and shall
publish the results in the minutes of the Council.
(k) The general superintendent shall resolve any
disputes
concerning election procedure or results and shall ensure that, except as
provided in subsections (e) and (g), no resources of any attendance center
shall be used to endorse or promote any candidate.
(l) Beginning with the 1995-1996 school year
and in every
even numbered
year thereafter, the Board shall appoint 2 teacher
members to each
local school council. These appointments shall be made in the following
manner:
(i) The Board shall appoint 2 teachers who are
| | employed and assigned to perform the majority of their employment duties at the attendance center to serve on the local school council of the attendance center for a two-year term coinciding with the terms of the elected parent and community members of that local school council. These appointments shall be made from among those teachers who are nominated in accordance with subsection (f).
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(ii) A non-binding, advisory poll to ascertain the
| | preferences of the school staff regarding appointments of teachers to the local school council for that attendance center shall be conducted in accordance with the procedures used to elect parent and community Council representatives. At such poll, each member of the school staff shall be entitled to indicate his or her preference for up to 2 candidates from among those who submitted statements of candidacy as described above. These preferences shall be advisory only and the Board shall maintain absolute discretion to appoint teacher members to local school councils, irrespective of the preferences expressed in any such poll.
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(iii) In the event that a teacher representative is
| | unable to perform his or her employment duties at the school due to illness, disability, leave of absence, disciplinary action, or any other reason, the Board shall declare a temporary vacancy and appoint a replacement teacher representative to serve on the local school council until such time as the teacher member originally appointed pursuant to this subsection (l) resumes service at the attendance center or for the remainder of the term. The replacement teacher representative shall be appointed in the same manner and by the same procedures as teacher representatives are appointed in subdivisions (i) and (ii) of this subsection (l).
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(m) Beginning with the 1995-1996 school year, and in every
year thereafter, the Board shall appoint one student member to each
secondary attendance center. These appointments shall be made in the
following manner:
(i) Appointments shall be made from among those
| | students who submit statements of candidacy to the principal of the attendance center, such statements to be submitted commencing on the first day of the twentieth week of school and continuing for 2 weeks thereafter. The form and manner of such candidacy statements shall be determined by the Board.
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(ii) During the twenty-second week of school in every
| | year, the principal of each attendance center shall conduct a non-binding, advisory poll to ascertain the preferences of the school students regarding the appointment of a student to the local school council for that attendance center. At such poll, each student shall be entitled to indicate his or her preference for up to one candidate from among those who submitted statements of candidacy as described above. The Board shall promulgate rules to ensure that these non-binding, advisory polls are conducted in a fair and equitable manner and maximize the involvement of all school students. The preferences expressed in these non-binding, advisory polls shall be transmitted by the principal to the Board. However, these preferences shall be advisory only and the Board shall maintain absolute discretion to appoint student members to local school councils, irrespective of the preferences expressed in any such poll.
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(iii) For the 1995-96 school year only, appointments
| | shall be made from among those students who submitted statements of candidacy to the principal of the attendance center during the first 2 weeks of the school year. The principal shall communicate the results of any nonbinding, advisory poll to the Board. These results shall be advisory only, and the Board shall maintain absolute discretion to appoint student members to local school councils, irrespective of the preferences expressed in any such poll.
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(n) The Board may promulgate such other rules and regulations for
election procedures as may be deemed necessary to ensure fair elections.
(o) In the event that a vacancy occurs during a member's term, the
Council shall appoint a person eligible to serve on the Council, to fill
the unexpired term created by the vacancy, except that any teacher vacancy
shall be filled by the Board after considering the preferences of the school
staff as ascertained through a non-binding advisory poll of school staff.
(p) If less than the specified number of persons is elected within each
candidate category, the newly elected local school council shall appoint
eligible persons to serve as members of the Council for two-year terms.
(q) The Board shall promulgate rules regarding conflicts of interest
and disclosure of economic interests which shall apply to local school
council members and which shall require reports or statements to be filed
by Council members at regular intervals with the Secretary of the
Board. Failure to comply with such rules
or intentionally falsifying such reports shall be grounds for
disqualification from local school council membership. A vacancy on the
Council for disqualification may be so declared by the Secretary of the
Board. Rules regarding conflicts of interest and disclosure of
economic interests promulgated by the Board shall apply to local school council
members. No less than 45 days prior to the deadline, the general
superintendent shall provide notice, by mail, to each local school council
member of all requirements and forms for compliance with economic interest
statements.
(r) (1) If a parent member of a local school council ceases to have any
child
enrolled in the attendance center governed by the Local School Council due to
the graduation or voluntary transfer of a child or children from the attendance
center, the parent's membership on the Local School Council and all voting
rights are terminated immediately as of the date of the child's graduation or
voluntary transfer. If the child of a parent member of a local school council dies during the member's term in office, the member may continue to serve on the local school council for the balance of his or her term. Further,
a local school council member may be removed from the Council by a
majority vote of the Council as provided in subsection (c) of Section
34-2.2 if the Council member has missed 3 consecutive regular meetings, not
including committee meetings, or 5 regular meetings in a 12 month period,
not including committee meetings.
If a parent member of a local school council ceases to be eligible to serve
on the Council for any other reason, he or she shall be removed by the Board
subject
to a hearing, convened pursuant to Board rule, prior to removal.
A vote to remove a Council member by the local school council shall
only be valid if the Council member has been notified personally or by
certified mail, mailed to the person's last known address, of the Council's
intent to vote on the Council member's removal at least 7 days prior to the
vote. The Council member in question shall have the right to explain
his or her actions and shall be eligible to vote on the
question of his or her removal from the Council. The provisions of this
subsection shall be contained within the petitions used to nominate Council
candidates.
(2) A person may continue to serve as a community resident member of a
local
school council as long as he or she resides in the attendance area served by
the
school and is not employed by the Board nor is a parent of a student enrolled
at the school. If a community resident member ceases to be eligible to serve
on the Council, he or she shall be removed by the Board subject to a hearing,
convened pursuant to Board rule, prior to removal.
(3) A person may continue to serve as a teacher member of a local school
council as long as he or she is employed and assigned to perform a majority of
his or her duties at the school, provided that if the teacher representative
resigns from employment with the Board or
voluntarily transfers to another school, the teacher's membership on the local
school council and all voting rights are terminated immediately as of the date
of the teacher's resignation or upon the date of the teacher's voluntary
transfer to another school. If a teacher member of a local school council
ceases to be eligible to serve on a local school council for any other reason,
that member shall be removed by the Board subject to a hearing, convened
pursuant to Board rule, prior to removal.
(s) As used in this Section only, "community resident" means a person, 17 years of age or older, residing within an attendance area served by a school, excluding any person who is a parent of a student enrolled in that school; provided that with respect to any multi-area school, community resident means any person, 17 years of age or older, residing within the voting district established for that school pursuant to Section 34-2.1c, excluding any person who is a parent of a student enrolled in that school. This definition does not apply to any provisions concerning school boards.
(Source: P.A. 99-597, eff. 1-1-17 .)
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105 ILCS 5/34-2.1b
(105 ILCS 5/34-2.1b) (from Ch. 122, par. 34-2.1b)
Sec. 34-2.1b.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-2.1c
(105 ILCS 5/34-2.1c) (from Ch. 122, par. 34-2.1c)
Sec. 34-2.1c.
Multi-Area Schools - Establishment of Voting
Districts.
(a) On or before September 1, 1991, the Board shall establish
a voting district for each multi-area school. The Board shall take into
account the following criteria in establishing such voting districts:
(i) in cases where the multi-area school was | | previously a school with a local attendance area established by the Board, the boundaries of such local attendance area;
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(ii) the location of physical characteristics in the
| | surrounding geographic area, including but not limited to, expressways, rapid transit and railroad rights-of-way, rivers and viaducts;
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(iii) the location of established neighborhood and
| | community area boundaries and of boundaries established for other elected offices within the city and the State;
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(iv) size of student population; and
(v) compactness and contiguity of voting districts.
Prior to establishing voting districts for multi-area schools, the Board
shall hold at least one public hearing thereon. The Board shall establish
procedures to ensure the maximum participation of all interested persons in
such hearing or hearings.
(b) The Board shall publicize the location and description of these
voting districts by posting notices at each multi-area school and in public
places within each voting district, by distributing notices to students at
the multi-area school and by placing notices both in daily newspapers of
general circulation published in the city and in local and community
newspapers published within each voting district. The Board shall utilize
other means to ensure adequate dissemination of the description and
location of the voting districts.
(c) The Board may adjust or alter the voting districts of any multi-area
school once every tenth year. The Board shall utilize the same criteria
and procedures described above in connection with any adjustment or
alteration of any voting district.
(d) With respect to any school designated as a multi-area school
subsequent to the establishment of voting districts, as described in
subsection (a), or subsequent to the adjustment of these districts, as
described in subsection (c), the Board shall establish a voting district
for that school prior to the commencement of its operation as a multi-area
school. The Board shall utilize the same criteria and procedures described
in subsection (a) in connection with the establishment of such a voting
district.
(Source: P.A. 87-454.)
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105 ILCS 5/34-2.2
(105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)
Sec. 34-2.2.
Local school councils - Manner of operation.
(a) The annual organizational meeting of each local school council
shall be held at the attendance center. At the annual organization meeting,
which shall be held no sooner than July 1 and no later than July 14, a parent
member of the local school council shall be selected by the members of such
council as its chairperson, and a secretary shall be selected by the members of
such council from among their number, each to serve a term of one year.
Whenever a vacancy in the office of chairperson or secretary of a local school
council shall occur, a new chairperson (who shall be a parent member) or
secretary, as the case may be, shall be elected by the members of the local
school council from among their number to serve as such
chairperson or secretary for the unexpired term of office in which the
vacancy occurs. At each annual organizational meeting, the time and
place of any regular meetings of the local school council shall be fixed.
Special meetings of the local school council may be called by the
chairperson or by any 4 members by giving notice thereof in writing,
specifying the time, place and purpose of the meeting. Public notice of
meetings shall also be given in accordance with the Open Meetings Act.
(b) Members and officers of the local school council shall serve
without compensation and without reimbursement of any expenses incurred in
the performance of their duties, except that the board of education may by
rule establish a procedure and thereunder provide for reimbursement of
members and officers of local school councils for such of their reasonable
and necessary expenses (excluding any lodging or meal expenses) incurred in
the performance of their duties as the board may deem appropriate.
(c) A majority of the full membership of the local school council
shall constitute a quorum, and whenever a vote is taken on any measure
before the local school council, a quorum being present, the affirmative
vote of a majority of the votes of the full membership then serving of the
local school council shall determine the outcome thereof; provided that
whenever the measure before the local school council is (i) the evaluation
of the principal, or (ii) the renewal of his or her performance contract or
the inclusion of any provision or modification of the contract, or (iii)
the direct selection by the local school council of a new principal
(including
a new principal to fill a vacancy) to serve under a 4 year performance
contract, or (iv) the determination of the names of candidates to be submitted
to the general superintendent for the position of
principal, the
principal and
student member of a high school council shall not be counted for purposes of
determining whether a quorum is present to act on the measure and shall have no
vote thereon; and provided further that 7 affirmative votes of the local school
council shall be required for the direct selection by the local school
council
of a new principal
to serve under a 4 year performance contract but not for the renewal of a
principal's performance contract.
(d) Student members of high school councils shall not be eligible
to vote on personnel matters, including but not limited to principal
evaluations and contracts and the allocation of teaching and staff resources.
(e) The local school council of an attendance center which provides
bilingual education shall be encouraged to provide translators at each
council meeting to maximize participation of parents and the community.
(f) Each local school council of an attendance center which provides
bilingual education shall create a Bilingual Advisory Committee or
recognize an existing Bilingual Advisory Committee as a standing committee.
The Chair and a majority of the members of the advisory committee shall be
parents of students in the bilingual education program. The parents on the
advisory committee shall be selected by parents of students in the
bilingual education program, and the committee shall select a Chair. The
advisory committee for each secondary attendance center shall include at
least one full-time bilingual education student. The Bilingual Advisory
Committee shall serve only in an advisory capacity to the local school council.
(g) Local school councils may utilize the services of an arbitration
board to resolve intra-council disputes.
(Source: P.A. 91-622, eff. 8-19-99.)
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105 ILCS 5/34-2.3
(105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
Sec. 34-2.3. Local school councils - Powers and duties. Each local school
council shall have and exercise, consistent with the provisions of
this Article and the powers and duties of
the board of education, the following powers and duties:
1. (A) To annually evaluate the performance of the principal of the
attendance
center
using a Board approved principal evaluation form, which shall include the
evaluation of
(i) student academic improvement, as defined by the
school improvement plan, (ii)
student absenteeism rates
at the school, (iii) instructional leadership, (iv) the effective
implementation of
programs, policies, or strategies to improve student academic achievement,
(v) school management, and (vi) any other factors deemed relevant by the local
school council, including, without limitation, the principal's communication
skills and ability to create and maintain a student-centered learning
environment, to develop opportunities for professional development, and to
encourage parental involvement and community partnerships to achieve school
improvement;
(B) to determine in the manner provided by subsection (c) of Section
34-2.2 and subdivision 1.5 of this Section whether the performance contract
of the principal shall be
renewed; and
(C) to directly select, in the manner provided by
subsection (c) of
Section 34-2.2, a new principal (including a new principal to fill a
vacancy)
-- without submitting any list of candidates for that position to the
general superintendent as provided in paragraph 2 of this Section -- to
serve under a 4 year performance contract; provided that (i) the determination
of whether the principal's performance contract is to be renewed, based upon
the evaluation required by subdivision 1.5 of this Section, shall be made no
later than 150 days prior to the expiration of the current performance-based
contract of the principal, (ii) in cases where such performance
contract is not renewed -- a
direct selection
of a
new principal -- to serve under a 4 year performance contract shall be made by
the local school council no later than 45 days prior to the expiration of the
current performance contract of the principal, and (iii) a
selection by
the local school council of a new principal to fill a vacancy under a 4 year
performance contract shall be made within 90 days after the date such vacancy
occurs. A Council shall be required, if requested by the principal, to provide
in writing the reasons for the council's not renewing the principal's contract.
1.5. The local school council's determination of whether to renew the
principal's contract shall be based on an evaluation to assess the educational
and administrative progress made at the school during the principal's current
performance-based contract. The local school council shall base its evaluation
on (i) student academic improvement, as defined by the school improvement plan,
(ii) student absenteeism rates at the school, (iii) instructional leadership,
(iv) the effective implementation of programs, policies, or strategies to
improve student academic achievement, (v) school management, and (vi) any
other factors deemed relevant by the local school council, including, without
limitation, the principal's communication skills and ability to create and
maintain a student-centered learning environment, to develop opportunities for
professional development, and to encourage parental involvement and community
partnerships to achieve school improvement. If a local school council
fails to renew the performance contract of a principal rated by the general
superintendent, or his or her designee, in the previous years' evaluations as
meeting or exceeding expectations, the principal, within 15 days after the
local school council's decision not to renew the contract, may request a review
of the
local school council's principal non-retention decision by a hearing officer
appointed by the American Arbitration Association. A local school council
member or members or the general superintendent may support the principal's
request for review.
During the period of the hearing officer's review of the local school
council's decision on
whether or not to retain the principal, the local school council shall maintain
all authority
to search for and contract with a person to serve
as interim or acting
principal, or as the
principal of the attendance center under a 4-year performance contract,
provided that any performance contract entered into by the local school council
shall be voidable
or
modified in accordance with the decision of the hearing officer.
The principal may request review only once while at that
attendance center. If a local school council renews the contract of a
principal who failed to obtain a rating of "meets" or "exceeds expectations" in
the general superintendent's evaluation for the previous year, the general superintendent,
within 15
days after the local
school council's decision to renew the contract,
may request a review of
the local school council's principal retention decision by a hearing officer
appointed by the American Arbitration Association. The general superintendent may request a review only
once
for that principal at that attendance center. All requests to review the
retention or non-retention of a principal shall be submitted to the general
superintendent, who shall, in turn, forward such requests, within 14 days of
receipt, to the American Arbitration Association.
The general superintendent shall send a contemporaneous copy of the request
that was forwarded to the American Arbitration Association to the principal and
to each local school council member and shall inform the local school council
of its rights and responsibilities under the arbitration process, including the
local school council's right to representation and the manner and process by
which the Board shall pay the costs of the council's representation.
If the local school council retains the
principal and the general superintendent requests a review of the retention
decision, the local school council and the general
superintendent shall be considered parties to the arbitration, a hearing officer shall
be
chosen between those 2
parties pursuant to procedures promulgated by the State Board of Education,
and the principal may retain counsel and participate in the arbitration. If the local school council does not retain the principal and
the principal requests a review of the retention decision, the local school
council and the principal shall be considered parties to the
arbitration and a hearing
officer shall be chosen between those 2 parties pursuant to procedures
promulgated by the State Board of Education.
The hearing shall begin (i)
within 45 days
after the initial request for review is submitted by the principal to the
general superintendent or (ii) if the
initial request for
review is made by the general superintendent, within 45 days after that request
is mailed
to the American Arbitration Association.
The hearing officer shall render a
decision within 45
days after the hearing begins and within 90 days after the initial request
for review.
The Board shall contract with the American
Arbitration Association for all of the hearing officer's reasonable and
necessary costs. In addition, the Board shall pay any reasonable costs
incurred by a local school council for representation before a hearing
officer.
1.10. The hearing officer shall conduct a hearing, which shall include (i)
a review of the principal's performance, evaluations, and other evidence of
the principal's service at the school, (ii) reasons provided by the local
school council for its decision, and (iii) documentation evidencing views of
interested persons, including,
without limitation, students, parents, local school council members, school
faculty and staff, the principal, the general superintendent or his or her
designee, and members of the community. The burden of proof in establishing
that the local school council's decision was arbitrary and capricious shall be
on the party requesting the arbitration, and this party shall sustain the
burden by a preponderance of the evidence.
The hearing officer shall set the
local school council decision aside if that decision, in light of the record
developed at the hearing, is arbitrary and capricious. The decision of the
hearing officer may not be appealed to the Board or the State Board of
Education. If the hearing officer decides that the principal shall be
retained, the retention period shall not exceed 2 years.
2. In the event (i) the local school council does not renew the
performance contract of the principal, or the principal fails to receive a
satisfactory rating as provided in subsection (h) of Section 34-8.3,
or the principal is
removed for cause during the term of his or her performance contract
in the manner provided by Section 34-85, or a vacancy in the position
of principal otherwise occurs prior to the expiration of the term of
a principal's performance contract, and (ii) the local school council
fails to directly select a new principal to serve under a 4 year performance
contract,
the local school council in such event shall submit to the general
superintendent a list of 3 candidates -- listed in the local school
council's order of preference -- for the position of principal, one of
which shall be selected by the general superintendent to serve as
principal of the attendance center. If the general superintendent
fails or refuses to select one of the candidates on the list to serve as
principal within 30 days after being furnished with the candidate list,
the general superintendent shall select and place a principal on an interim
basis (i) for a period not to exceed one year or (ii) until the local school
council selects a new principal with 7 affirmative votes as
provided in subsection (c) of Section 34-2.2, whichever occurs first. If the
local school council
fails or refuses to select and appoint a new principal, as specified by
subsection (c) of Section 34-2.2, the general superintendent may select and
appoint a new principal on an interim basis for
an additional year or until a new contract principal is selected by the local
school council. There shall be no discrimination on the basis of
race, sex, creed, color or
disability unrelated to ability to perform in
connection with the submission of candidates for, and the selection of a
candidate to serve as principal of an attendance center. No person shall
be directly selected, listed as a candidate for, or selected to serve as
principal of an attendance center (i) if such person has been removed for cause
from employment by the Board or (ii) if such person does not hold a valid
administrative certificate issued or exchanged under Article 21 and
endorsed as required by that Article for the position of principal. A
principal whose performance contract is not renewed as provided under
subsection (c) of Section 34-2.2 may nevertheless, if otherwise qualified
and certified as herein provided
and if he or she has received a satisfactory rating as provided in subsection
(h) of Section 34-8.3, be included by a local school council as
one of the 3 candidates listed in order of preference on any candidate list
from which one person is to be selected to serve as principal of the
attendance center under a new performance contract. The initial candidate
list required to be submitted by a local school council to the general
superintendent in cases where the local school council does not renew the
performance contract of its principal and does not directly select a new
principal to serve under a 4 year performance contract shall be submitted
not later than
30 days prior to the expiration of the current performance contract. In
cases where the local school council fails or refuses to submit the candidate
list to the general superintendent no later than 30 days prior to the
expiration of the incumbent principal's contract, the general superintendent
may
appoint a principal on an interim basis for a period not to exceed one year,
during which time the local school council shall be able to select a new
principal with 7 affirmative votes as provided in subsection (c) of Section
34-2.2. In cases where a principal is removed for cause or a
vacancy otherwise occurs in the position of principal and the vacancy is
not filled by direct selection by the local school council, the candidate
list shall be submitted by the local school council to the general
superintendent within 90 days after the date such
removal or
vacancy occurs.
In cases where the local school council fails or refuses to submit the
candidate list to the general superintendent within 90 days after the date of
the vacancy, the general superintendent may appoint a principal on an interim
basis for a period of one year, during which time the local school council
shall be able to select a new principal with 7 affirmative votes as provided in
subsection (c) of Section 34-2.2.
2.5. Whenever a vacancy in the office of a principal occurs for any reason,
the vacancy shall be filled in the manner provided by this Section by the
selection of a new principal to serve under a 4 year performance contract.
3. To establish additional criteria
to be included as part of
the
performance contract of its principal, provided that such additional
criteria shall not discriminate on the basis of race, sex, creed, color
or
disability unrelated to ability to perform, and shall not be inconsistent
with the uniform 4 year performance contract for principals developed by
the board as provided in Section 34-8.1 of the School Code
or with other provisions of this Article governing the
authority and responsibility of principals.
4. To approve the expenditure plan prepared by the principal with
respect to all funds allocated and distributed to the attendance center by
the Board. The expenditure plan shall be administered by the principal.
Notwithstanding any other provision of this Act or any other law, any
expenditure plan approved and
administered under this Section 34-2.3 shall be consistent with and subject to
the terms of any contract for services with a third party entered into by the
Chicago School Reform Board of Trustees or the board under this Act.
Via a supermajority vote of 7 members of the local school council or 8
members of a high school local school council, the Council may transfer
allocations pursuant to Section 34-2.3 within funds; provided that such a
transfer is consistent with applicable law and
collective bargaining
agreements.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, the
Board may reserve up to 1% of its total fiscal year budget for
distribution
on a prioritized basis to schools throughout the school system in order to
assure adequate programs to meet the needs of
special student populations as determined by the Board. This distribution
shall take into account the needs catalogued in the Systemwide Plan and the
various local school improvement plans of the local school councils.
Information about these centrally funded programs shall be distributed to
the local school councils so that their subsequent planning and programming
will account for these provisions.
Beginning in fiscal year 1991 and in each fiscal year thereafter, from
other amounts available in the applicable fiscal year budget, the board
shall allocate a lump sum amount to each local school based upon
such formula as the board shall determine taking into account the special needs
of the student body. The local school
principal shall develop an expenditure plan in consultation with the local
school council, the professional personnel leadership
committee and with all
other school personnel, which reflects the
priorities and activities as described in the school's local school
improvement plan and is consistent with applicable law and collective
bargaining agreements and with board policies and standards; however, the
local school council shall have the right to request waivers of board policy
from the board of education and waivers of employee collective bargaining
agreements pursuant to Section 34-8.1a.
The expenditure plan developed by the principal with respect to
amounts available from the fund for prioritized special needs programs
and the allocated lump sum amount must be approved by the local school council.
The lump sum allocation shall take into account the
following principles:
a. Teachers: Each school shall be allocated funds | | equal to the amount appropriated in the previous school year for compensation for teachers (regular grades kindergarten through 12th grade) plus whatever increases in compensation have been negotiated contractually or through longevity as provided in the negotiated agreement. Adjustments shall be made due to layoff or reduction in force, lack of funds or work, change in subject requirements, enrollment changes, or contracts with third parties for the performance of services or to rectify any inconsistencies with system-wide allocation formulas or for other legitimate reasons.
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b. Other personnel: Funds for other teacher
| | certificated and uncertificated personnel paid through non-categorical funds shall be provided according to system-wide formulas based on student enrollment and the special needs of the school as determined by the Board.
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c. Non-compensation items: Appropriations for all
| | non-compensation items shall be based on system-wide formulas based on student enrollment and on the special needs of the school or factors related to the physical plant, including but not limited to textbooks, electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks, supplies, electricity, equipment, and routine maintenance.
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d. Funds for categorical programs: Schools shall
| | receive personnel and funds based on, and shall use such personnel and funds in accordance with State and Federal requirements applicable to each categorical program provided to meet the special needs of the student body (including but not limited to, Federal Chapter I, Bilingual, and Special Education).
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d.1. Funds for State Title I: Each school shall
| | receive funds based on State and Board requirements applicable to each State Title I pupil provided to meet the special needs of the student body. Each school shall receive the proportion of funds as provided in Section 18-8 or 18-8.15 to which they are entitled. These funds shall be spent only with the budgetary approval of the Local School Council as provided in Section 34-2.3.
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e. The Local School Council shall have the right to
| | request the principal to close positions and open new ones consistent with the provisions of the local school improvement plan provided that these decisions are consistent with applicable law and collective bargaining agreements. If a position is closed, pursuant to this paragraph, the local school shall have for its use the system-wide average compensation for the closed position.
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f. Operating within existing laws and collective
| | bargaining agreements, the local school council shall have the right to direct the principal to shift expenditures within funds.
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g. (Blank).
Any funds unexpended at the end of the fiscal year shall be available to
the board of education for use as part of its budget for the following
fiscal year.
5. To make recommendations to the principal concerning textbook
selection and concerning curriculum developed pursuant to the school
improvement plan which is consistent with systemwide curriculum objectives
in accordance with Sections 34-8 and 34-18 of the School Code and in
conformity with the collective bargaining agreement.
6. To advise the principal concerning the attendance and
disciplinary policies for the attendance center, subject to the provisions
of this Article and Article 26, and consistent with the uniform system of
discipline established by the board pursuant to Section 34-19.
7. To approve a school improvement plan developed as provided in Section
34-2.4. The process and schedule for plan development shall be publicized
to the entire school community, and the community shall be afforded the
opportunity to make recommendations concerning the plan. At least twice a
year the principal and
local
school council shall report publicly on
progress and problems with respect to plan implementation.
8. To evaluate the allocation of teaching resources and other
certificated and uncertificated staff to the attendance center to determine
whether such allocation is consistent with and in furtherance of
instructional objectives and school programs reflective of the school
improvement plan adopted for the attendance center; and to make
recommendations to the board, the general superintendent
and the
principal concerning any reallocation of teaching resources
or other staff whenever the council determines that any such
reallocation is appropriate because the qualifications of any existing
staff at the attendance center do not adequately match or support
instructional objectives or school programs which reflect the school
improvement plan.
9. To make recommendations to the principal and the general superintendent
concerning their respective appointments, after August 31, 1989, and in the
manner provided by Section 34-8 and Section 34-8.1,
of persons to fill any vacant, additional or newly created
positions for teachers at the attendance center or at attendance centers
which include the attendance center served by the local school council.
10. To request of the Board the manner in which training and
assistance shall be provided to the local school council. Pursuant to Board
guidelines a local school council is authorized to direct
the Board of Education to contract with personnel or not-for-profit
organizations not associated with the school district to train or assist
council members. If training or assistance is provided by contract with
personnel or organizations not associated with the school district, the
period of training or assistance shall not exceed 30 hours during a given
school year; person shall not be employed on a continuous basis longer than
said period and shall not have been employed by the Chicago Board of
Education within the preceding six months. Council members shall receive
training in at least the following areas:
1. school budgets;
2. educational theory pertinent to the attendance
| | center's particular needs, including the development of the school improvement plan and the principal's performance contract; and
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3. personnel selection.
Council members shall, to the greatest extent possible, complete such
training within 90 days of election.
11. In accordance with systemwide guidelines contained in the
System-Wide Educational Reform Goals and Objectives Plan, criteria for
evaluation of performance shall be established for local school councils
and local school council members. If a local school council persists in
noncompliance with systemwide requirements, the Board may impose sanctions
and take necessary corrective action, consistent with Section 34-8.3.
12. Each local school council shall comply with the Open Meetings Act and
the Freedom of Information Act. Each local school council shall issue and
transmit to its school community a detailed annual report accounting for
its activities programmatically and financially. Each local school council
shall convene at least 2 well-publicized meetings annually with its entire
school community. These meetings shall include presentation of the
proposed local school improvement plan, of the proposed school expenditure
plan, and the annual report, and shall provide an opportunity for public
comment.
13. Each local school council is encouraged to involve additional
non-voting members of the school community in facilitating the council's
exercise of its responsibilities.
14. The local school council may adopt a school
uniform or dress
code policy that governs the attendance center and that is
necessary to maintain the orderly process of a school function or prevent
endangerment of student health or safety, consistent with the policies and
rules of the Board of Education.
A school uniform or dress code policy adopted
by a local school council: (i) shall not be applied in such manner as to
discipline or deny attendance to a transfer student or any other student for
noncompliance with that
policy during such period of time as is reasonably necessary to enable the
student to acquire a school uniform or otherwise comply with the dress code
policy that is in effect at the attendance center into which the student's
enrollment is transferred; and (ii) shall include criteria and procedures under
which the local school council will accommodate the needs of or otherwise
provide
appropriate resources to assist a student from an indigent family in complying
with an applicable school uniform or dress code policy.
A student whose parents or legal guardians object on religious grounds to the
student's compliance with an applicable school uniform or dress code policy
shall not be required to comply with that policy if the student's parents or
legal guardians present to the local school council a signed statement of
objection detailing the grounds for the objection.
15. All decisions made and actions taken by the local school council in
the exercise of its powers and duties shall comply with State and federal
laws, all applicable collective bargaining agreements, court orders and
rules properly promulgated by the Board.
15a. To grant, in accordance with board rules and policies,
the use of assembly halls and classrooms when not otherwise needed,
including lighting, heat, and attendants, for public lectures, concerts, and
other educational and social activities.
15b. To approve, in accordance with board rules and policies, receipts and
expenditures for all internal accounts of the
attendance center, and to approve all fund-raising activities by nonschool
organizations that use the school building.
16. (Blank).
17. Names and addresses of local school council members shall
be a matter of public record.
(Source: P.A. 100-465, eff. 8-31-17.)
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105 ILCS 5/34-2.3a
(105 ILCS 5/34-2.3a) (from Ch. 122, par. 34-2.3a)
Sec. 34-2.3a.
Recommendations of the Principal.
The principal of each
attendance center shall be encouraged to make recommendations to the
appropriate local school council concerning all educational aspects of the
attendance center.
(Source: P.A. 85-1418; 86-1477.)
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105 ILCS 5/34-2.3b
(105 ILCS 5/34-2.3b)
Sec. 34-2.3b.
Local School Council Training.
The board shall collaborate
with universities and other interested entities and individuals to offer
training to local school council members on topics relevant to school
operations and their responsibilities as local school council members,
including but not limited to legal requirements, role differentiation,
responsibilities, and authorities, and improving student achievement. Training
of local school council members shall be provided at the direction of the board in consultation with the Council of
Chicago-area Deans of Education. Incoming local school council members shall
be required to complete a 3-day training program provided under this
Section within 6 months of taking office. The board shall monitor the
compliance of incoming local school council members with the 3-day training
program requirement established by this Section. The board shall declare
vacant the office of a local school council member who fails to complete the
3-day training program provided under this Section within the 6 month period
allowed. Any such vacancy shall be filled as provided in subsection (o) of
Section 34-2.1 by appointment of another person qualified to hold the office.
In addition to requiring local school council members to complete the 3-day
training program under this Section, the board may encourage local school
council members to complete additional training during their term of office and
shall provide recognition for individuals completing that additional training.
The board is authorized to collaborate with universities, non-profits, and
other interested organizations and individuals to offer additional training to
local school council members on a regular basis during their term in office.
The board shall not be required to bear the cost of the required 3-day training
program or any additional training provided to local school council members
under this Section.
The board shall also offer training to aid local school councils in
developing principal evaluation procedures and criteria. The board shall
send out requests for proposals concerning this training and is authorized to
contract with universities, non-profits, and other interested organizations and
individuals to provide this training. The board is authorized to use funds
from private organizations, non-profits, or any other outside source as well
as its own funds for this purpose.
(Source: P.A. 90-100, eff. 7-11-97; 91-622, eff. 8-19-99.)
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105 ILCS 5/34-2.4
(105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
Sec. 34-2.4. School improvement plan. A 3-year local school
improvement plan shall be developed and implemented at each attendance center.
This plan shall reflect the overriding purpose of the attendance center to
improve educational quality. The local school principal shall develop a
school improvement plan in consultation with the local school council, all
categories of school staff, parents and community residents. Once the plan
is developed, reviewed by the professional personnel leadership committee,
and approved by the local school council, the
principal shall be responsible for directing implementation of the plan,
and the local school council shall monitor its implementation. After the
termination of the initial 3-year plan, a new 3-year plan shall be
developed and modified as appropriate on an annual basis.
The school improvement plan shall be designed to achieve priority goals
including but not limited to:
(a) assuring that students show significant progress | | toward meeting and exceeding State performance standards in State mandated learning areas, including the mastery of higher order thinking skills in these areas;
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(b) assuring that students attend school regularly
| | and graduate from school at such rates that the district average equals or surpasses national norms;
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(c) assuring that students are adequately prepared
| | for and aided in making a successful transition to further education and life experience;
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(d) assuring that students are adequately prepared
| | for and aided in making a successful transition to employment; and
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(e) assuring that students are, to the maximum extent
| | possible, provided with a common learning experience that is of high academic quality and that reflects high expectations for all students' capacities to learn.
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With respect to these priority goals, the school improvement plan shall
include but not be limited to the following:
(a) an analysis of data collected in the attendance
| | center and community indicating the specific strengths and weaknesses of the attendance center in light of the goals specified above, including data and analysis specified by the State Board of Education pertaining to specific measurable outcomes for student performance, the attendance centers, and their instructional programs;
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(b) a description of specific annual objectives the
| | attendance center will pursue in achieving the goals specified above;
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(c) a description of the specific activities the
| | attendance center will undertake to achieve its objectives;
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(d) an analysis of the attendance center's staffing
| | pattern and material resources, and an explanation of how the attendance center's planned staffing pattern, the deployment of staff, and the use of material resources furthers the objectives of the plan;
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(e) a description of the key assumptions and
| | directions of the school's curriculum and the academic and non-academic programs of the attendance center, and an explanation of how this curriculum and these programs further the goals and objectives of the plan;
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(f) a description of the steps that will be taken to
| | enhance educational opportunities for all students, regardless of gender, including English learners, students with disabilities, low-income students, and minority students;
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(g) a description of any steps which may be taken by
| | the attendance center to educate parents as to how they can assist children at home in preparing their children to learn effectively;
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(h) a description of the steps the attendance center
| | will take to coordinate its efforts with, and to gain the participation and support of, community residents, business organizations, and other local institutions and individuals;
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(i) a description of any staff development program
| | for all school staff and volunteers tied to the priority goals, objectives, and activities specified in the plan;
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(j) a description of the steps the local school
| | council will undertake to monitor implementation of the plan on an ongoing basis;
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(k) a description of the steps the attendance center
| | will take to ensure that teachers have working conditions that provide a professional environment conducive to fulfilling their responsibilities;
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(l) a description of the steps the attendance center
| | will take to ensure teachers the time and opportunity to incorporate new ideas and techniques, both in subject matter and teaching skills, into their own work;
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(m) a description of the steps the attendance center
| | will take to encourage pride and positive identification with the attendance center through various athletic activities; and
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(n) a description of the student need for and
| | provision of services to special populations, beyond the standard school programs provided for students in grades K through 12 and those enumerated in the categorical programs cited in item d of part 4 of Section 34-2.3, including financial costs of providing same and a timeline for implementing the necessary services, including but not limited, when applicable, to ensuring the provisions of educational services to all eligible children aged 4 years for the 1990-91 school year and thereafter, reducing class size to State averages in grades K-3 for the 1991-92 school year and thereafter and in all grades for the 1993-94 school year and thereafter, and providing sufficient staff and facility resources for students not served in the regular classroom setting.
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Based on the analysis of data collected indicating specific strengths and
weaknesses of the attendance center, the school improvement plan may place
greater emphasis from year to year on particular priority goals, objectives,
and activities.
(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
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