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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.
() 105 ILCS 5/Art. 7C
(105 ILCS 5/Art. 7C heading)
ARTICLE 7C
- TRANSFER OF HIGH SCHOOL DISTRICT TERRITORY
(Repealed)(Source: Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/Art. 8
(105 ILCS 5/Art. 8 heading)
ARTICLE 8.
TREASURERS
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105 ILCS 5/8-1
(105 ILCS 5/8-1) (from Ch. 122, par. 8-1)
Sec. 8-1. Treasurers.
(a) Except as otherwise provided in subsections (b) and (c), in
Class II county school units the trustees of schools shall appoint a
treasurer who shall be ex-officio clerk of the board. The term of the
township treasurer shall be for a 2 year period beginning and ending on the
first of July. The treasurer shall be a resident of the township, but not a
trustee, or school board member. He shall attend all meetings and keep a
record of the official proceedings of the trustees of schools. Such record
shall be open to public inspection. All proceedings, when recorded, shall
be signed by the president and the clerk. If the clerk is absent, or
refuses to perform any of his duties, a clerk pro tempore may be appointed.
For sufficient cause the treasurer may be removed from office by the
trustees of schools. In case of a vacancy the trustees of schools shall
elect a treasurer for the unexpired term.
(b) In Class I county school units, and in each school district
which forms a part of a Class II county school unit but which has withdrawn
from the jurisdiction and authority of the trustees of schools of the
township in which such school district is located and from the jurisdiction
and authority of the township treasurer in such Class II county
school unit as provided in subsection (b) of Section 5-1, each
school board shall either elect one of its members to serve as treasurer
without salary for a period of one year or appoint someone, not a member of
the school board, as its treasurer, and, except as provided in this
Section the board shall fix his compensation. An appointed treasurer shall
serve at the pleasure of the board. An appointed treasurer shall be at
least 21 years of age, of approved integrity, but not a member of the
county board of school trustees. The records of the treasurer shall be open
to public inspection. Two or more such districts may appoint the same
treasurer. In case of a vacancy caused by the death, resignation or the
removal from office of the school treasurer the school board shall appoint
a treasurer. The school board may determine the temporary incapacity of
its treasurer occasioned by illness, absence from the district or any other
cause which prevents the prompt performance of his duties and appoint an
acting treasurer to serve until the board determines such temporary
incapacity no longer exists.
(c) The school board of each elementary school, high school and unit
school district that forms a part of a
Class II county school unit and that was under the jurisdiction and
authority of the township treasurer and trustees of schools of a township
at the time those offices were abolished in that township as provided in
subsection (c) of Section 5-1 shall appoint a person to serve as treasurer
of the school board. The term of each school treasurer appointed under
this subsection shall be for a 2 year period beginning and ending on the
first day of July. A person appointed under this subsection to serve as
treasurer of a school board shall not be the superintendent of schools of the school district. A person
appointed and serving under this subsection as treasurer of a school board
may concurrently serve as the treasurer of the regional board of school
trustees, if selected to serve in that capacity by the regional board of
school trustees, as provided in subsection (c) of Section 5-1. The school
board shall fix the compensation of its school treasurer, and for
sufficient cause may remove the school treasurer from office. However, if a member of the school board is also school treasurer, he or she shall perform his or her duties as school treasurer without compensation. In the case
of a vacancy, the school board shall appoint a school treasurer for the
unexpired term. The school board may determine the temporary incapacity of
its treasurer due to illness, absence from the district, or other cause
that prevents the prompt performance of his duties and may appoint an
acting treasurer to serve until the school board determines that the
temporary incapacity of its treasurer no longer exists.
(d) After October 1, 1977, each treasurer in a Class I county school
unit appointed under this Section for his first term shall have a financial
background or related experience or 12 semester hours of credit of college
level accounting.
(e) After August 14, 1989, any treasurer appointed under this Section
for his first term in Class II county school units, including any person
appointed by a school board to serve as its treasurer as provided in
subsection (c) of this Section, shall be a certified
public accountant or a certified chief school business official as defined
in part (3) of Section 21-7.3 of this Act. Experience as a township
treasurer in a Class II county school unit prior to July 1, 1989 shall be
deemed the equivalent of certification.
(f) Concurrently with the election or appointment of its own school
treasurer by the school board of a school district which forms a part of a
Class II county school unit but which no longer is subject to the
jurisdiction and authority of a township treasurer or trustees of schools
of a township because the district has withdrawn from the jurisdiction and
authority of the township treasurer and trustees of schools of the township
or because those offices have been abolished as provided in
subsection (b) or (c) of Section 5-1, all funds, accounts, moneys, notes,
bonds, mortgages and effects then held by such township treasurer on behalf or
for the use and benefit of, or then credited by such township treasurer to any
fund or account of such school district shall thereupon be transferred and
paid over by such township treasurer to the school treasurer elected or
appointed by the school board of such school district. In addition the
school treasurer of such school district shall have the right, at all
reasonable times, to inspect all cash books, loan books, district account
books and journals kept by such township treasurer as provided in Section
8-5 and to copy or otherwise reproduce such portions thereof as such school
treasurer deems necessary for the performance of his duties.
(g) Upon the abolition of the offices of the township treasurer and
trustee of schools of a township as provided in subsection (c) of Section
5-1, and subject to the limitation of subsection (b) of Section 8-5 with
respect to certain records to be surrendered to the regional board of
school trustees, and except as otherwise provided in subsection (c) of
Section 5-1 with respect to the common school lands and township loanable
funds of that township and with respect to the records, books and accounts
relating to those common school lands and township loanable funds, all
school funds and accounts, moneys, notes, bonds, securities, district
account books and other documents, records and effects then held by the
former township treasurer on behalf or for the use and benefit of, or then
credited by the former township treasurer to any fund or account of any
school district that was under the jurisdiction and authority of the
township treasurer at the time the office of that township treasurer was
abolished shall thereupon be transferred and paid over by the former
township treasurer to the appropriate school treasurer appointed by the
school board of each such district under subsection (c) of this Section 8-1.
(h) If the school district of a school treasurer elected or appointed under
this Section is receiving emergency State financial assistance under
Article 1B, that school treasurer is subject to the provisions of Article 1B.
(Source: P.A. 96-538, eff. 8-14-09.)
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105 ILCS 5/8-2
(105 ILCS 5/8-2) (from Ch. 122, par. 8-2)
Sec. 8-2.
Bond of treasurer.
Before entering upon his duties, each school
treasurer shall execute a bond with 2 or more persons having an interest
in real estate who are not trustees, or a surety company authorized to do
business in this State, as sureties, payable to the township trustees of
schools in Class II county school units and to the school board of each
district for which he or she is treasurer or its successors in office in
Class I county school units and conditioned upon the faithful discharge of
his or her duties, except that the bond required of the school treasurer of
a school district which is located in a Class II county school unit but
which no longer is subject to the jurisdiction and authority of a township
treasurer or trustees of schools of a township because the district has
withdrawn from the jurisdiction and authority of the township treasurer and
trustees of schools of the township or because those offices have been
abolished as provided in subsection (b) or (c) of Section 5-1 shall be
payable to the school board of each district for which he or she is
treasurer or its successor in office and conditioned upon the faithful
discharge of his or her duties. The penalty of the bond shall be 25%
of the amount of all bonds, notes, mortgages, moneys and effects of
which he is to have the custody, whether individuals act as
sureties or whether the
surety given is by a surety company authorized to do business in this
State, and shall be increased or decreased from time to time, as the
increase or decrease of the amount of notes, bonds, mortgages, moneys and
effects may require, and whenever in the judgment of the regional
superintendent of schools, or whenever in the judgment of the township
trustees or the school board of the district by which the school treasurer
was appointed or elected, the penalty of the bond should be increased or
decreased; provided that the penalty of the bond shall not be increased to
more than 25% of the amount of all bonds, notes, mortgages, moneys and effects
of which the treasurer has custody at any time. The bond of the township
treasurer shall be approved by at least
a majority of the township trustees in Class II county school units;
provided that in those school districts that are located in a Class II
county school unit but are no longer subject to the jurisdiction and
authority of a township treasurer and trustees of schools of a township
(because the districts have withdrawn from the jurisdiction and authority
of the township treasurer and trustees of schools of the township or
because those offices have been abolished as provided in subsection (b) or
(c) of Section 5-1) and in Class I county school units, the bond shall be
approved by at least a majority of the members of the school board; and in
all cases the bond shall be filed with the regional superintendent of
schools who shall file with the State Board of Education before September 1
in each year an affidavit showing which treasurers of school districts
under his supervision and control are properly bonded. The bond shall be in
the following form:
STATE OF ILLINOIS.......... COUNTY
We, AB, CD and EF, are obligated, jointly and severally, to the
(School Board of District No. ...., or trustees of township .... range ....)
in the above mentioned county or successors in office, in the penal sum of
$...., for the payment of which we bind ourselves, our heirs, executors and
administrators.
Dated (insert date).
The condition of this obligation is such that if
AB, school treasurer in the above stated county, faithfully discharges
the duties of his or her office, according to law, and delivers to his or her
successor in office, after such successor has qualified by giving
bond as provided by law, all moneys, books, papers, securities and control,
which have come into his or her possession or control, as such school
treasurer, from the date of his or her bond to the time that his or her
successor has qualified as school treasurer, by giving such bond as
required by law, then this obligation to be void; otherwise to remain
in full force and effect.
Approved and accepted by: A.... B.... (Signature) C.... D.... (Signature) E.... F.... (Signature) G.... H.... (Signature) I.... J.... (Signature) K.... L.... (Signature)
(Board of Education or Board of
Directors of District No. .....
By ....
President Secretary or Clerk
or ....
.... Township Trustees)
No part of the State or other school fund shall be paid to any school
treasurer or other persons authorized to receive it unless such
treasurer has filed his or her bond, or if reelected, has renewed his or her
bond and filed it as required by law.
(Source: P.A. 91-357, eff. 7-29-99.)
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105 ILCS 5/8-3
(105 ILCS 5/8-3) (from Ch. 122, par. 8-3)
Sec. 8-3.
Compensation.
Each school treasurer shall receive in full, for his services, a
compensation to be fixed, prior to his appointment, and such compensation
shall not be decreased during his term of office.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/8-4
(105 ILCS 5/8-4) (from Ch. 122, par. 8-4)
Sec. 8-4.
High school districts to pay share of compensation and
expenses. Each elementary school district, community high school district
and township high school district - excepting, however, any school
district that no longer is subject to the jurisdiction and authority of a
township treasurer or trustees of schools of a township because the
district has withdrawn from the jurisdiction and authority of the township
treasurer and trustees of schools of the township or because those offices
have been abolished as provided in subsection (b) or (c) of Section 5-1 --
shall pay a proportionate share of the compensation of the township
treasurer serving such district or districts and a proportionate share of
the expenses of the township treasurer's office, which compensation and
expenses shall be determined by dividing the total amount of all school
funds handled by the township treasurer by such amount of the funds as
belongs to each such elementary school district or high school district.
(Source: P.A. 86-1441; 87-473.)
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105 ILCS 5/8-5
(105 ILCS 5/8-5) (from Ch. 122, par. 8-5)
Sec. 8-5.
Books and accounts.
(a) The township treasurer shall be provided by the trustees of schools
with a cash book, a loan book, a district account book, and a journal.
In the cash book he shall enter in separate accounts all moneys received
and paid out, with the amount, date, from whom, to whom and on what
account received or paid out; or, if loaned, the date, to whom, and the
amount. Moneys received shall be charged to debit account, and moneys
paid out shall be credited as follows: First, to the principal of the
township fund; second, to the interest of the township fund; third, to
the common school fund and other funds; fourth, to the taxes received
from the county or town collector, and for what districts received;
fifth, donations; sixth, moneys coming from all other sources; in all
cases entering the date when received, and when paid out.
In the loan book he shall enter a record of all school funds loaned,
with the amount to whom, date, time, when due, and the rate of interest,
the interest paid, and a description of the securities.
In the district account book he shall post from the cash book all
receipts and expenditures on account of any district, with the amount,
date, from or to whom, and from what sources and for what purposes.
In the journal he shall record at length the acts and proceedings of
the trustees of schools, their orders, by-laws and resolutions.
The township treasurer shall keep his accounts in the manner directed
by the State Board of Education, the regional superintendent
of schools or the trustees of schools; and they shall be subject at all
times to the inspection of the trustees, the directors or school board
members or other persons authorized by this Act or of any committee
appointed by the voters of the township at the election of
trustees to examine them.
(b) Concurrently with the abolition of the offices of township
treasurer and trustee of schools of a township as provided in subsection
(c) of Section 5-1, the former township treasurer whose office has been so
abolished shall surrender to the school treasurer of each school district
served by that township treasurer at the time that office is abolished the
district account book theretofore maintained for that school district by
the former township treasurer, and in addition shall surrender to the
regional board of school trustees the cash books, loan books and journals
referred to in subsection (a) of this Section 8-5; provided that the school
board and school treasurer of each such school district, the State Board of
Education, the regional superintendent and such other persons as may be
authorized by law shall have the right, at all reasonable times, to
inspect, and to copy or otherwise reproduce any portions of the cash books,
loan books and journals surrendered by the former township treasurer to the
regional board of school trustees as required by this subsection.
(Source: P.A. 87-473.)
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105 ILCS 5/8-6
(105 ILCS 5/8-6) (from Ch. 122, par. 8-6)
Sec. 8-6. Custody
of school funds. The school treasurer shall have custody of the school funds and shall
keep in a cash book separate cash balances. In the cash book he shall enter in
separate accounts the balance, total of all moneys received in each fund,
and the total of the orders countersigned or checks signed with respect to each fund and extend the balances and the aggregate cash balance for all funds
balance at least monthly. The treasurer shall reconcile such balances with the
accounting or bookkeeping department of the district in conformity with a template provided by the State Board of Education monthly. School districts on the financial watch or warning list that are required to submit deficit reduction plans in accordance with Section 17-1 of this Code or that are certified in financial difficulty in accordance with Section 1-A8 of this Code must transmit the cash balances as required pursuant to this Section 8-6 of this Code to the State Board of Education quarterly from the treasurer.
(Source: P.A. 97-429, eff. 8-16-11.)
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105 ILCS 5/8-7
(105 ILCS 5/8-7) (from Ch. 122, par. 8-7)
Sec. 8-7.
Only lawful custodian of funds - Depositaries.
Except as
otherwise provided in subsection (f) of Section 8-1,
subsection (c) of Section 5-1, and subsection (b) of Section 8-5,
the township treasurer in Class II county school units, the school
treasurer in Class I county school units, and the school treasurer in
any school district that forms a part of a Class II county school unit but
which no longer is subject to the jurisdiction and authority of a
township treasurer and trustees of schools of a
township (because the district has withdrawn from the jurisdiction
and authority of the township treasurer and trustees of school of the
township or because those offices have been abolished
as provided in subsection (b) or (c) of Section 5-1) shall be the only
lawful custodian of all school funds and shall demand receipt for and
safely keep, according to law, all bonds, mortgages, notes, moneys,
effects, books and papers belonging to any school district or township, as
the case may be, which he serves as treasurer. Trustees of schools in Class
II county school units, school boards in Class I county school
units, and those school boards in Class II county school units that have
elected or appointed their own school treasurer pursuant to subsection (b) or
(c) of Section 5-1 and subsection (b) or (c) of Section 8-1, shall
designate one or more banks, savings and loan
associations, situated in the State of Illinois, in which school funds and
moneys in the custody of the township treasurer or of the school treasurer
shall be kept. When a bank or savings and loan association has been
designated as a depositary it shall continue as such until 10 days after a
new depositary is designated and has qualified by furnishing statements of
resources and liabilities as is required by this section. When a new
depositary is designated, the trustees of schools in Class II county school
units, school boards in Class I county school units, and those
school boards in Class II county school units that have elected or appointed
their own school treasurer pursuant to subsection (b) or (c) of Section
5-1 and subsection (b) or (c) of Section 8-1, shall notify the sureties
of the township treasurer or of the school treasurer, as the case may be, of
that fact, in writing at least 5 days before the transfer of funds. The
township treasurer or the school treasurer shall be discharged from
responsibility for such funds and moneys which he deposits in a depositary so
designated while such funds and moneys 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.
Township and school treasurers are authorized to enter into agreements
of any definite or indefinite term regarding the deposit, redeposit,
investment, reinvestment or withdrawal of school funds, including, without
limitation, agreements with other township and school treasurers,
agreements with community college districts authorized by Section 3-47 of
the Public Community College Act and agreements with educational service
regions authorized by Section 3-9.1.
Each township and school treasurer is permitted to (i) combine moneys
from more than one fund of a single school district for the purpose of
investing such funds, and (ii) join with township and school treasurers,
community college districts and educational service regions in investing school
funds, community college funds and educational service region funds. Such joint
investments shall be made only in investments authorized by law for the
investment of school funds or, in the case of investments made jointly with
community college districts and educational service regions, in investments
authorized by law for the investment of school funds, community college funds
and educational service region funds. When moneys of more than one fund of a
single school district are combined for investment purposes or when moneys of a
school district are combined with moneys of other school districts, community
college districts or educational service regions, the moneys combined for such
purposes shall be accounted for separately in all respects, and the earnings
from such investment shall be separately and individually computed and
recorded, and credited to the fund or school district, community college
district or educational service region, as the case may be, for which the
investment was acquired.
(Source: P.A. 86-1051; 86-1441; 87-435; 87-473; 87-968.)
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105 ILCS 5/8-8
(105 ILCS 5/8-8) (from Ch. 122, par. 8-8)
Sec. 8-8.
Township
fund - Loans - Investments.
The township treasurer or township land commissioners, as the case may
be, shall keep the principal of the township fund loaned at interest. The
rate of interest, which shall not be less than four per cent per annum,
payable annually, except in the case of investments in war bonds of the
United States government, shall be determined by a majority of the trustees
of schools at any regular or special meeting. No loan shall be made for
less than one year nor more than 5 years but investments secured by
mortgage, notes, or bonds, insured by the Federal Housing Administrator, or
debentures issued by him, or in bonds or other obligations of National
Mortgage Associations, may be for longer than 5 years. All loans shall be
secured by mortgage on unencumbered realty situated in this State, worth at
least 50% more than the amount loaned, with a condition that in case
additional security shall be required at any time it shall be given to the
satisfaction of the trustees of schools. In estimating the value of realty
mortgaged to secure the payment of money loaned, the value of improvements
liable to be destroyed may be included; but in such case the improvements
shall be insured for their insurable value in a responsible insurance
company or companies, and the policy or policies shall be transferred to
the trustees of schools as additional security, and shall be kept so
insured until the loan is paid. The township treasurer or township land
commissioners, as the case may be, also may invest the principal of the
township fund in:
1. Bonds issued by the State, the Sanitary District of Chicago,
counties, townships and cities in this State, and by school directors
pursuant to Section 19-2;
2. Bonds issued by any district in this State having authority to levy
taxes upon all taxable property within the district;
3. Mortgage notes or bonds issued by the Federal Housing Administrator,
or debentures issued by him;
4. Bonds or other obligations of National Mortgage Associations or the
Home Owners' Loan Corporation;
5. United States Government, State of Illinois and municipal securities
the payment of which is protected by the power to levy taxes (not including
special assessments) therefor.
He or they may exchange mortgages in default for bonds of the Home
Owners' Loan Corporation.
He or they may invest moneys in the operations and maintenance
fund of any school district in war bonds of the United States government
that are redeemable at the owner's option, in cases where building projects
cannot, by reason of material shortages or wartime priority restrictions,
currently be undertaken or completed. School funds held by the treasurer of
a district created by any special act shall be invested according to the
provisions of this Section.
(Source: P.A. 86-970.)
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105 ILCS 5/8-9
(105 ILCS 5/8-9) (from Ch. 122, par. 8-9)
Sec. 8-9.
Mortgages - Form.
Mortgages to secure the payment of money
loaned under the provisions of this Act may be in the following form:
I, A B, of the county of ...., State of ...., do hereby grant, convey and
transfer to the trustees of schools of township No. ...., Range No. ....,
in the County of ...., and State of Illinois, for the use of the
inhabitants of the township, the following described real estate:
(here insert premises), which real estate I declare to be in mortgage for
the payment of $...., loaned to me and for the payment of all
interest that may accrue thereon, to be computed at the rate of .... per
cent per year until paid. I agree to pay the above sum of
money in .... years from the date hereof, and to pay the interest on the
same annually, at the rate above stated. I further covenant that I have
a good and valid title to the estate, and that the same is free from all
incumbrance, and that I will pay all taxes and assessments which may be
levied on the real estate, and that I will give any additional security
that may at any time be required in writing by the board of trustees; and
if the real estate is sold to pay the debt or any part thereof, or for
any failure or refusal to comply with or perform the conditions or covenants
herein contained, I will deliver immediate possession of the premises.
It is further agreed by and between the parties that in the event a
complaint is filed in any court to foreclose this mortgage for non-payment
of either principal or interest, that the mortgagor will pay a reasonable
attorney's fee, and the same shall be included in the judgment and be taxed
as costs; and we, A B, and C, spouse of A B, hereby release all rights to
the premises which we may have by virtue of any homestead laws of this
State.
Dated (insert date).
A .... B ....................
C .... D ....................
The mortgage shall be acknowledged and recorded as is required by law
for other conveyances of real estate, the mortgagor paying the expenses of
acknowledgment and recording.
(Source: P.A. 91-357, eff. 7-29-99.)
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105 ILCS 5/8-10
(105 ILCS 5/8-10) (from Ch. 122, par. 8-10)
Sec. 8-10.
Interest in default-Actions.
If default is made in the interest due upon money loaned by any township
treasurer, or in the payment of the principal, interest at the rate of 12
per cent per annum shall be charged upon the principal and interest from
the day of default, which interest shall be included in the assessment of
damages, or in the judgment in the suit or action brought upon the
obligation to enforce payment thereof, and interest at the rate of 12 per
cent per annum may be recovered in an action brought to recover interest
only. The township treasurer may bring appropriate actions in the name of
the trustees for the recovery of the interest when due and unpaid, without
suing for the principal, in whatever form secured.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/8-11
(105 ILCS 5/8-11) (from Ch. 122, par. 8-11)
Sec. 8-11.
Suit
when additional security not furnished.
If the trustees of schools require additional security for the payment
of money loaned, and such security is not given, the township treasurer
shall cause suit to be instituted for the recovery of the principal and
accrued interest to the date of judgment. Proof shall be made of such
requisitions.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/8-12
(105 ILCS 5/8-12) (from Ch. 122, par. 8-12)
Sec. 8-12.
Name
in which securities taken-Actions.
Bonds, mortgages, notes and other securities taken for money or other
property due, or to become due, to the trustees of schools for the
township, shall be made payable to them in their corporate name; and in
such name, suits, actions and complaints, and every description of legal
proceedings may be had for the recovery of money, breach of contracts and
for every legal liability which may at any time arise or exist, or upon
which a right of action shall accrue to the use of such corporation.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/8-13
(105 ILCS 5/8-13) (from Ch. 122, par. 8-13)
Sec. 8-13.
Statement of condition of funds.
On or before June 30, annually, the township treasurer shall deliver to
the county superintendent of schools a statement verified by his affidavit,
showing the exact condition of the township funds. Such statement shall
contain a description of all bonds, mortgages, notes and other securities,
held as principal of the township fund, giving names, dates, amounts, rates
of interest, when due, and other data necessary to a full understanding of
the condition of the funds.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/8-14
(105 ILCS 5/8-14) (from Ch. 122, par. 8-14)
Sec. 8-14.
Statements to trustees-Books, mortgages, etc., submitted for examination.
On the first Mondays in April and October of each year the township
treasurer shall submit to the trustees of schools a statement showing the
amounts of interest, rents, issues and profits on township lands and funds
that have accrued since their last regular meeting, and also the amount of
distributive funds on hand. He shall submit also to the trustees for their
examination all books, mortgages, bonds, notes and other evidences of
indebtedness held by him as treasurer of the township, and shall make such
other statements as the trustees may require.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/8-15
(105 ILCS 5/8-15) (from Ch. 122, par. 8-15)
Sec. 8-15.
Statement of district accounts.
The school treasurer shall furnish to the school board of the district
which he serves as treasurer a monthly reconciliation required by Section
8-6. The treasurer shall comply with any lawful demand the trustees or
school board, as the case may be, may make as to the verification of any
balance reported.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/8-16
(105 ILCS 5/8-16) (from Ch. 122, par. 8-16)
Sec. 8-16. School orders; Teacher's wages. The school treasurer shall pay out funds of the school district only
upon an order of the school board signed by the president and
clerk or secretary or by a majority of the board, except payment of the
obligations for Social Security taxes as required by the Social Security
Enabling Act and payment of recurring bills, such as utility bills, may be made upon a certification by the clerk or secretary
of the board of the amount of the obligation only. When an order issued
for the wages of a teacher 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 the endorsement. The order shall thereafter
bear interest at the rate, not exceeding the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the
contract, established by the school board of the district, until the
treasurer shall notify the clerk or secretary in writing that
he has funds to pay the order. Whenever the treasurer obtains sufficient
funds to pay any such order he shall set them aside for such purpose and
shall not use them to pay any other order until the order previously
presented and not paid is paid or otherwise discharged. The treasurer shall
make and keep a record of the 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 or secretary.
Nothing herein shall be construed to prevent the establishment of a
voucher system of expenditures as provided in Section 10-23.5 of this
Act.
With respect to instruments for the payment of money issued under this
Section either before, on, or after June 6, 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. 96-998, eff. 7-2-10.)
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105 ILCS 5/8-17
(105 ILCS 5/8-17) (from Ch. 122, par. 8-17)
Sec. 8-17.
Duties of treasurer.
(a) It is also the duty of the township
treasurer to:
1. Return to the county clerk, on or before the |
| first Tuesday in October in each year, the certificate of tax levy made by each school board in his township.
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2. Pay all lawful orders issued by the school board
| | of any district in his township.
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3. Collect from the township and county collectors
| | the full amount of taxes levied by the school boards in his township.
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4. Examine the official records of each district in
| | the township on the first Mondays in April and October of each year.
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5. Keep a record account between districts when
| | pupils are transferred from one district to another.
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6. Give notice of the election of trustees, and in
| | case of the formation of a new school district, of the election of school directors or school board members.
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7. Give notice of any regular district election when
| | the directors or school board members fail or refuse to do so.
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8. Publish in some English language newspaper of his
| | county an annual statement of the finances of the township.
|
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9. Be responsible for receipts, disbursements and
| | investments arising out of the operation of the school district under his supervision.
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(b) The duties of the township treasurer set forth in subsection (a)
shall not be deemed or construed to extend or apply with respect to any
school district in his township which has withdrawn from the jurisdiction
and authority of the township trustees and from the jurisdiction and
authority of the township treasurer as provided in subsection (b) of
Section 5-1, nor to the school business, tax levies, tax revenues, payment
orders, records, elections, annual statements, receipts, disbursements,
investments or other financial or business activities or affairs of any
such school district or of the school board of any such district, other
than the duty to account in accordance with law for any balance of the
income from the permanent township fund required to be apportioned and
distributed to any such district pursuant to Section 5-17 after payment of
all valid claims as provided in that Section, and except as otherwise
provided with respect to the distribution and apportionment of funds
pursuant to Sections 15-31 and 19-28.
(Source: P.A. 86-1441.)
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105 ILCS 5/8-18
(105 ILCS 5/8-18) (from Ch. 122, par. 8-18)
Sec. 8-18.
District in two or more townships-Taxes-Treasurer.
When a district is composed of parts of two or more townships, any
treasurer not authorized to receive the taxes of the district shall notify
the school board of the amount of funds held by him to the credit of the
district, and the school board shall thereupon give the proper treasurer an
order for the funds.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/8-19
(105 ILCS 5/8-19) (from Ch. 122, par. 8-19)
Sec. 8-19.
Delivery of money, books, mortgages, etc.
to successor.
At the expiration of his term of office, or upon his removal or
resignation the school treasurer, or in case of his death, his
representatives shall deliver to his successor, all moneys, books,
mortgages, notes and securities, and all papers and documents in which the
district has any lawful interest.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/8-20
(105 ILCS 5/8-20) (from Ch. 122, par. 8-20)
Sec. 8-20.
Failure or refusal to perform duties.
The school treasurer who as such treasurer fails, neglects or refuses to
perform the duties imposed upon him by this Act, within the time or in the
manner prescribed, shall forfeit not less than ten dollars, nor more than
twenty-five dollars, of his pay as treasurer, which forfeiture shall be
enforced by the trustees or school board of the district as the case may
be. For any failure or refusal to perform all the duties required of the
treasurer by law, he shall be liable to the trustees of schools or school
board or their successors in office as the case may be, upon his official
bond, for all damages sustained, to be recovered by civil action by the
trustees or school board or their successors in office as the case may be,
for the use of the township or school district as the case may be, before
any court having jurisdiction of the amount of damages claimed; but if the
treasurer, in any failure or refusal, acted under and in conformity to a
requisition or order of the trustees of schools or a school board as the
case may be entered upon their minutes and subscribed by their president
and secretary or clerk, then, and in that case, the trustees of schools or
school board as the case may be or those voting for the requisition or
order, and not the treasurer shall be liable, jointly and severally, to the
inhabitants of the township or district as the case may be for such
damages, to be recovered by a civil action in the official name of the
county superintendent of schools, having supervision and control over the
district for the use of the townships or districts as the case may be:
provided that the school treasurer shall be liable for any part of the
judgment obtained against the trustees of schools or school board or
members thereof as the case may be which cannot be collected on account of
their insolvency.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/Art. 9
(105 ILCS 5/Art. 9 heading)
ARTICLE 9.
ELECTIONS
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105 ILCS 5/9-1
(105 ILCS 5/9-1) (from Ch. 122, par. 9-1)
Sec. 9-1.
Scope of article.
All school elections shall be governed
by the general election law of the State.
(Source: P.A. 81-1490.)
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105 ILCS 5/9-1.1
(105 ILCS 5/9-1.1) (from Ch. 122, par. 9-1.1)
Sec. 9-1.1.
Referenda.
Whenever a proposition or public question is
required to be submitted pursuant to this Act for approval or rejection
by the electorate at an election, the time and manner of conducting such
referendum shall be in accordance with the general election law of the State.
(Source: P.A. 81-1490.)
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105 ILCS 5/9-1.5 (105 ILCS 5/9-1.5) Sec. 9-1.5. Advisory referenda. By a vote of the majority of the members of the school board, the board may authorize an advisory question of public policy to be placed on the ballot at the next regularly scheduled election in the school district. The school board shall certify the question to the proper election authority, which must submit the question at an election in accordance with the Election Code, provided, however, that no such question may be submitted at a consolidated primary election.
(Source: P.A. 97-81, eff. 7-5-11.)|
105 ILCS 5/9-2
(105 ILCS 5/9-2) (from Ch. 122, par. 9-2)
Sec. 9-2.
Election Definitions.
As used in this Act in connection with elections of school officials and referenda:
(a) "Voter" or "Legal voter" or "elector" means a person qualified to
vote under the general election law.
(b) "Certify" and "certification", when used in connection with elections
of officers or referenda, refers to the certification in accordance with
the general election law of offices, candidates or propositions to county
clerks and boards of election commissioners for inclusion on the ballot at an election.
(c) "Submit" and "submission" when used in connection with a referendum
on a proposition or question refers to the submission to the voters in accordance
with the general election law of the proposition or question by county clerks
and boards of election commissioners.
(d) "Local election official" means the secretary of a board of
education, the secretary or clerk of a board of school directors, the
treasurer of a township board of school trustees, the secretary of township
land commissioners and the regional superintendent of schools with respect
to the various school officer elections and school referenda for which the
regional superintendent is assigned election duties pursuant to this Code.
(Source: P.A. 84-1338.)
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105 ILCS 5/9-5
(105 ILCS 5/9-5) (from Ch. 122, par. 9-5)
Sec. 9-5.
Election dates and terms of offices.
The dates
upon which school officer elections shall be held are
as established in the general election law. Members of boards of education
shall unless otherwise provided serve terms of 4 years.
If, at a regularly scheduled election, a proposition
is submitted to the voters of a district, as provided by a resolution
of the board, on the question of
whether board members should serve for 6 year terms and the proposition
receives the affirmative vote of those voting thereon, members of the board
of education shall thereafter serve for terms of 6 years.
(Source: P.A. 82-1014.)
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105 ILCS 5/9-10
(105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
Sec. 9-10. Candidates for office - Nominating petitions. Candidates for
the office of school director shall be nominated by petition signed by at
least 25 voters or 5% of the voters, whichever is less, residing within
the district and filed with the secretary of the board of school directors
or with a person designated by the board to receive nominating petitions.
Nominations for members of boards of education, including non-high school
boards of education shall be made by a petition signed by at least 50 voters
or 10% of the voters, whichever is less, residing within the district and
shall be filed with the secretary of the board of education or with a
person designated by the board to receive nominating petitions. In addition
to the requirements of the general election law, the form of such petitions
shall be substantially as follows:
NOMINATING PETITIONS
(LEAVE OUT THE INAPPLICABLE PART.)
To the secretary of the board of education (or board of directors)
of district number .... in .... County:
We the undersigned, being (.... or more) (or 10% or more) (or 5% or more)
of the voters residing within said district, hereby petition that .... who
resides at .... in the (city or village) of .... in Township .... (or who
resides outside any city, village or incorporated town and in Township ....) in
said district shall be a candidate for the office of .... of the board of
education (or board of directors) (full term) (vacancy) to be voted for at the
election to be held on (insert date).
Name: .................. Address: ...................
In the designation of the name of a candidate on a petition for
nomination, the candidate's given name or names, initial or initials, a nickname by which the candidate is commonly known, or a combination thereof may be used in addition to the candidate's surname. If a candidate has changed his or her name, whether by a statutory or common law procedure in Illinois or any other jurisdiction, within 3 years before the last day for filing the petition, then (i) the candidate's name on the petition must be followed by "formerly known as (list all prior names during the 3-year period) until name changed on (list date of each such name change)" and (ii) the petition must be accompanied by the candidate's affidavit stating the candidate's previous names during the period specified in clause (i) and the date or dates each of those names was changed; failure to meet these requirements shall be grounds for denying certification of the candidate's name for the ballot, but these requirements do not apply to name changes resulting from adoption to assume an adoptive parent's or parents' surname, marriage to assume a spouse's surname, or dissolution of marriage or declaration of invalidity of marriage to assume a former surname. No other designation, such as a political slogan, as defined by Section 7-17 of the Election Code, title or degree, or nickname suggesting or implying possession of a title, degree or professional status, or similar information may be used in connection with the candidate's surname.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the secretary of the board of education or a
person designated by the board to receive nominating petitions 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.
All petitions for the nomination of members of a board of education shall
be filed with the secretary of the board or a person designated by the
board to receive nominating petitions within the time provided for
by the general election law. The secretary shall receive and file only
those petitions which include a statement of candidacy, the required number
of voter signatures, the notarized signature of the petition circulator
and a receipt from the County Clerk showing that the candidate has filed
a statement of economic interest on or before the last day to file as required
by the Illinois Governmental Ethics Act. The secretary may have petition
forms available
for issuance to potential candidates, and may give notice of the petition
filing period by publication in a newspaper of general circulation within
the school district not less than 10 days prior to the first day of filing.
Said secretary shall make certification to the proper election authorities
in accordance with the general election law.
If the secretary is an incumbent school board member seeking re-election,
a disinterested person must be a witness to the filing of his petition.
The secretary of the board of education shall notify the candidates
for whom a petition for nomination is filed or the appropriate committee
of the obligations under the Campaign Financing Act as provided in the general
election law. Such notice
shall be given on a form prescribed by the State Board of Elections and
in accordance with the requirements of the general election law. The secretary
shall within 7 days of filing or on the last day for filing, whichever is
earlier, acknowledge to the petitioner in writing his acceptance of the
petition.
A candidate for membership on the board of education or for office as a
school director, who has petitioned for nomination to fill a full term and
to fill a vacant term to be voted upon at the same election, must withdraw
his or her petition for nomination from either the full term or the vacant
term by written declaration.
In all newly organized districts the petition for the nomination of
candidates
for members of the board of education at the first election shall be addressed
to and filed with the regional superintendent of schools in the manner herein
specified for the petitions for
members of a board of education. For such election the regional superintendent
shall fulfill all duties otherwise assigned to the secretary of the board
of education.
(Source: P.A. 95-141, eff. 8-13-07.)
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105 ILCS 5/9-11
(105 ILCS 5/9-11) (from Ch. 122, par. 9-11)
Sec. 9-11.
Tax rate increase - notice of election - ballot.
In addition to the notice requirements of the general election law,
whenever a proposition to increase a school tax rate is submitted to be
voted upon by the voters of any district the notice of such election shall
include an estimate of the approximate amount of taxes extendible under
the maximum rate then in force and an estimate of the approximate amount
of taxes extendible under the proposed increased rate, such amounts being
computed upon the last known full, fair cash value; provided that any error,
miscalculation or inaccuracy in computing such amounts shall not invalidate
or affect the validity of any rate so increased. The board of directors
shall make such estimate and the secretary shall certify such amount to
the election authority as part of the certification of the proposition as
required by the general election law. Such estimate shall appear on the
ballot on which the proposition is printed, but shall not appear as a part
of the proposition.
(Source: P.A. 83-448.)
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105 ILCS 5/9-11.1
(105 ILCS 5/9-11.1) (from Ch. 122, par. 9-11.1)
Sec. 9-11.1.
The local election official shall conduct a lottery to
determine the ballot order of candidates for full terms in the event of
any simultaneous petition filings. Such candidate lottery shall be conducted as follows:
All petitions filed by persons waiting in line as of 8:00 a.m. on the
first day for filing, or as of the normal opening hour of the office
involved on such day, shall be deemed simultaneously filed as of 8:00 a.m.
or the normal opening hour, as the case may be. Petitions filed by mail
and received after midnight of the first day for filing and in the first
mail delivery or pickup of that day shall be deemed simultaneously filed
as of 8:00 a.m. of that day or as of the normal opening hour of such day,
as the case may be. All petitions received thereafter shall be deemed
filed in the order of actual receipt.
Where 2 or more petitions are received simultaneously for the same office
as of 8:00 a.m. on the first day for petition filing, or as of the normal
opening hour of the office of the local election official, the local
election official with whom such petitions are filed shall break ties and
determine the order of filing by means of a lottery or other fair and
impartial method of random selection. Such lottery shall be conducted
within 9 days following the last day for petition filing and shall be open
to the public. Seven days written notice of the time and place of conducting
such random selection shall be given
by the local election official to all candidates who filed their petitions
simultaneously and to each organization of citizens within the election
jurisdiction which was entitled, under the general election law, at the
next preceding election, to have pollwatchers present on
the day of election. The local election official shall post in a
conspicuous, open and public place, at the entrance of his or her office,
notice of the time and place of such lottery.
All candidates shall be certified in the order in which their petitions
have been filed and in the manner prescribed by Section 10-15 of the
general election law. Where candidates have filed simultaneously, they
shall be certified in the order prescribed by this Section and prior to
candidates who filed for the same office at a later time.
Where elections are conducted for unexpired terms, a second lottery to
determine ballot order shall be conducted for candidates who simultaneously
file petitions for such unexpired terms. Such lottery shall be conducted
in the same manner as prescribed by this Section for full term candidates.
(Source: P.A. 84-1338.)
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105 ILCS 5/9-11.2
(105 ILCS 5/9-11.2) (from Ch. 122, par. 9-11.2)
Sec. 9-11.2. For all school districts electing candidates to a board
of education in a manner other than at large, candidates not elected at
large who file
nominating petitions for a full term shall be grouped together by area of
residence as follows:
(1) by congressional townships, or
(2) according to incorporated or unincorporated areas.
For all school districts electing candidates to a board of education in a
manner other than at large, candidates not elected at large who file
nominating petitions for an
unexpired term shall be grouped together by area of residence as follows:
(1) by congressional townships, or
(2) according to incorporated or unincorporated areas.
Candidate
groupings by area of residence for unexpired terms shall precede the
candidate groupings by area of residence for full terms on the ballot.
In all instances, however,
the ballot order of each candidate grouping shall be determined by the
order of petition filing or lottery held pursuant to Section 9-11.1 in the
following manner:
The area of residence of the candidate determined to be first by order of
petition filing or by lottery shall be listed first among the candidate
groupings on the ballot. All other candidates from the same area of
residence will follow according to order of petition filing or the lottery.
The area of residence of the candidate determined to be second by the
order of petition filing or the
lottery shall be listed second among the candidate groupings on the ballot.
All other candidates from the same area of residence will follow according
to the order of petition filing or the lottery. The ballot order of
additional candidate groupings by area of residence shall be established in a
like manner.
In any school district that elects its board members according to area of
residence and that has one or more unexpired terms to be filled at an election,
the winner or winners of the unexpired term or terms shall be determined first
and independently of those running for full terms. The winners of the full
terms shall then be determined taking into consideration the areas of residence
of those elected to fill the unexpired term or terms.
"Area of Residence" means congressional township and
incorporated and
unincorporated territories.
"Affected school district" means either of the 2 entire elementary school
districts that are formed into a combined school district.
(Source: P.A. 93-1079, eff. 1-21-05; 94-1019, eff. 7-10-06.)
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105 ILCS 5/9-12
(105 ILCS 5/9-12) (from Ch. 122, par. 9-12)
Sec. 9-12. Ballots for the election of school officers shall be in one
of the following forms:
(FORMAT 1
Ballot position for candidates shall be determined by the order of
petition filing or lottery held pursuant to Section 9-11.1.
This format is used by Boards of School Directors. School Directors are
elected at large.)
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF SCHOOL
DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
FOR MEMBERS OF THE BOARD OF SCHOOL
DIRECTORS TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
(FORMAT 2
Ballot position for candidates shall be determined by the order of
petition filing or lottery held pursuant to Section 9-11.1.
This format is used when school board members are elected at large.
Membership on the school board is not restricted by area of residence.
Types of school districts generally using this format are:
Common school districts;
Community unit and community consolidated school districts formed on or
after January 1, 1975;
Community unit school districts formed prior to January 1, 1975 that
elect board members at large and without restriction by area of residence
within the district under subsection (c) of Section 11A-8 (now repealed);
Community unit, community consolidated and combined school districts in which
more than 90% of the population is in one congressional township;
High school districts in which less than 15% of the taxable property is
located in unincorporated territory; and unit districts (OLD TYPE);
Combined school districts formed on or after July 1, 1983;
Combined school districts formed before July 1, 1983
and community consolidated school districts that elect board
members at large and without restriction by area of residence within the
district under subsection (c) of Section 11B-7 (now repealed).)
OFFICIAL BALLOT
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
( ) .......................................
( ) .......................................
( ) .......................................
(FORMAT 3
Ballot position for incorporated and unincorporated areas shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by community unit, community consolidated and
combined school districts when the territory is less than 2 congressional
townships, or 72 square miles, but consists of more than one congressional
township, or 36 square miles, outside of the corporate limits of any city,
village or incorporated town within the school district. The School Code
requires that not more than 5 board members shall be selected from any
city, village or incorporated town in the school district. At least two
board members must reside in the unincorporated area of the school district.
Except for those community unit school districts formed before January 1,
1975 that elect board members at large and without restriction by area
of residence within the district under subsection (c) of Section 11A-8 (now repealed) and
except for combined school districts formed before July 1, 1983 and community
consolidated school districts that elect board members at large and without
restriction by area of residence within the district under subsection (c) of
Section 11B-7 (now repealed), this format applies to community unit and community consolidated
school districts formed prior to January 1, 1975 and combined school districts
formed prior to July 1, 1983.)
OFFICIAL BALLOT
Instructions to voter: The board of education shall be composed of
members from both the incorporated and the unincorporated area; not more
than 5 board members shall be selected from any city, village or incorporated
town.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, NOT MORE THAN .... MAY BE ELECTED FROM THE INCORPORATED AREAS.
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................
(FORMAT 4
Ballot position for township areas shall be determined by the order of
petition filing or lottery held pursuant to Sections 9-11.1 and 9-11.2.
Except for those community unit school districts formed prior to
January 1, 1975 that elect board members at large and without restriction by
area of residence within the district under subsection (c) of Section 11A-8
(now repealed) and except for those combined school districts formed before July 1, 1983
and community consolidated school districts
that elect board members at large and without restriction by area of residence
within the district under subsection (c) of Section 11B-7 (now repealed), this format
applies to community unit and community consolidated school
districts formed prior to January 1, 1975 and combined school districts
formed prior to July 1, 1983 when the territory of the school district is
greater than 2 congressional townships, or 72 square miles. This format
applies only when less than 75% of the population is in one congressional
township. Congressional townships of less than 100 inhabitants shall not
be considered for the purpose of such mandatory board representation. In
this case, not more than 3 board members may be selected from any one
congressional township.)
OFFICIAL BALLOT
Instructions to voter: Membership on the board of education is restricted
to a maximum of 3 members from any congressional township. ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL TOWNSHIP.
NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE ....
NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE ....
NOT MORE THAN .... MAY BE ELECTED FROM TOWNSHIP .... RANGE ....
(Include each remaining congressional township in district as needed)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS.
VOTE FOR A TOTAL OF ....
Township .............. Range ................
( ) ............................
( ) ............................
Township .............. Range ................
( ) ............................
( ) ............................
FOR MEMBERS OF THE BOARD OF
EDUCATION TO SERVE A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF ....
Township .............. Range ................
( ) ............................
( ) ............................
Township .............. Range ................
( ) ............................
( ) ............................
(FORMAT 5
Ballot position for township areas shall be determined by the order of
petition filing or lottery held pursuant to Sections 9-11.1 and 9-11.2.
Except for those community unit school districts formed before January 1,
1975 that elect board members at large and without restriction by area of
residence within the district under subsection (c) of Section 11A-8 (now repealed) and except
for those combined school districts formed before July 1, 1983
and community consolidated school districts
that elect board
members at large and without restriction by area of residence within the
district under subsection (c) of Section 11B-7 (now repealed), this format is used by
community unit and community consolidated school
districts formed prior to January 1, 1975, and
combined school districts formed prior to July 1, 1983, when the territory
of the school district is
greater than 2 congressional townships, or 72 square miles and when at
least 75%, but not more than 90%, of the population resides in one
congressional township. In this case, 4 school board members shall be
selected from that one congressional township and the 3 remaining board
members shall be selected from the rest of the district. If a school district
from which school board members are to be selected is located in a county under
township organization and if the surveyed boundaries of a congressional
township from which one or more of those school board members is to be
selected, as described by township number and range, are coterminous with the
boundaries of the township as identified by the township name assigned to it as
a political subdivision of the State, then that township may be referred to on
the ballot by both its township name and by township number and
range.)
OFFICIAL BALLOT
Instructions to voter: Membership on the board of education is to consist
of 4 members from the congressional township that has at least 75% but not
more than 90% of the population, and 3 board members from the remaining
congressional townships in the school district. ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED IN THE FOLLOWING NUMBERS FROM EACH CONGRESSIONAL TOWNSHIP.
FOR MEMBER OF THE BOARD OF EDUCATION
TO SERVE AN UNEXPIRED 2-YEAR TERM
FROM (name)........ TOWNSHIP ..... RANGE .....
VOTE FOR ONE
( )..........................
( )..........................
FOR MEMBERS OF THE BOARD OF EDUCATION
TO SERVE A FULL 4-YEAR TERM
VOTE FOR ....
..... shall be elected from (name)...... Township ..... Range
......
(name)....... TOWNSHIP ..... RANGE .....
( ) ............................
( ) ............................
VOTE FOR ....
...... board members shall be elected from the remaining
congressional townships.
The Remaining Congressional Townships
( ) ............................
( ) ............................
(FORMAT 6
Ballot position for candidates shall be determined by the order of
petition filing or lottery held pursuant to Section 9-11.1.
This format is used by school districts in which voters have approved a
referendum to elect school board members by school board district. The
school district is then divided into 7 school board districts, each of
which elects one member to the board of education.)
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
(-OR-)OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
REVERSE SIDE:
OFFICIAL BALLOT
DISTRICT ....... (1 through 7)
(Precinct name or number)
School District No. ......, ........... County, Illinois
Election Tuesday (insert date)
(facsimile signature of Election Authority)
(County)
(FORMAT 7
Ballot position for incorporated and unincorporated areas shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than 15% but less
than 30% of the taxable property is located in the unincorporated
territory of the school district. In this case, at least one board member
shall be a resident of the unincorporated territory.)
OFFICIAL BALLOT
Instructions to voter: More than 15% but less than 30% of the taxable
property of this high school district is located in the unincorporated
territory of the district, therefore, at least one board member shall be a
resident of the unincorporated areas.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST ONE MEMBER SHALL BE ELECTED FROM THE UNINCORPORATED AREA.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................
(FORMAT 7a
Ballot position for candidates shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than 15% but less
than 30% of the taxable property is located in the unincorporated territory
of the school district and on the basis of existing board membership no
board member is required to be elected from the unincorporated area.)
OFFICIAL BALLOT
Instruction to voter: More than 15% but less than 30% of the taxable
property of this high school district is located in the unincorporated
territory of the district, therefore, at least one board member shall be a
resident of the unincorporated areas.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED FROM ANY AREA OR AREAS.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................................
( ) ........................................
( ) ........................................
(FORMAT 8
Ballot position for incorporated and unincorporated areas shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than 30% of the
taxable property is located in the unincorporated territory of the school
district. In this case, at least two board members shall be residents of
the unincorporated territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of the taxable
property of this high school district is located in the unincorporated
territory of the district, therefore, at least two board members shall be
residents of the unincorporated territory.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST 2 MEMBERS SHALL BE ELECTED FROM THE UNINCORPORATED AREA.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................
(FORMAT 8a
Ballot position for incorporated and unincorporated areas shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than 30% of the
taxable property is located in the unincorporated territory of the school
district. In this case, at least two board members shall be residents of
the unincorporated territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of the taxable
property of this high school district is located in the unincorporated
territory of the district, therefore, at least two board members shall be
residents of the unincorporated territory.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, AT LEAST ONE MEMBER SHALL BE ELECTED FROM THE UNINCORPORATED AREA.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
THE AREA OF RESIDENCE OF THOSE ELECTED TO FILL UNEXPIRED TERMS IS TAKEN INTO CONSIDERATION IN DETERMINING THE WINNERS OF THE FULL TERMS.
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR A TOTAL OF ....
................... Area ( ) ........................... ( ) .............................................. Area
( ) ........................... ( ) ...........................
(FORMAT 8b
Ballot position for incorporated and unincorporated areas shall be
determined by the order of petition filing or lottery held pursuant to
Sections 9-11.1 and 9-11.2.
This format is used by high school districts if more than 30% of the
taxable property is located in the unincorporated territory of the school
district. In this case, at least two board members shall be residents of
the unincorporated territory.)
OFFICIAL BALLOT
Instructions to voters: Thirty percent (30%) or more of the taxable
property of this high school district is located in the unincorporated
territory of the district, therefore, at least two board members shall be
residents of the unincorporated territory.
ON THE BASIS OF EXISTING BOARD MEMBERSHIP, MEMBERS MAY BE ELECTED FROM ANY AREA OR AREAS.
FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
AN UNEXPIRED 2-YEAR TERM
VOTE FOR ....
( ) ........................... ( ) ........................... ( ) ........................... ( ) ...........................FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ....
( ) ........................... ( ) ........................... ( ) ........................... ( ) ...........................
(Source: P.A. 93-706, eff. 7-9-04; 93-1079, eff. 1-21-05; 94-1019, eff. 7-10-06.)
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105 ILCS 5/9-12.1
(105 ILCS 5/9-12.1) (from Ch. 122, par. 9-12.1)
Sec. 9-12.1.
(a) On the reverse side of each ballot contained in Section
9-12, except the ballot under Format 6, shall be printed the following:
OFFICIAL BALLOT
..... County, Illinois
School District No. ...., ...... County, Illinois
Election Tuesday, (insert date)
(facsimile signature of the election authority)
(b) If 6-year terms have been adopted under Section 9-5, or if a ballot is
to be used to elect a member or members of a board of school directors or board
of education at the consolidated election held in April of 1999 or April of
2001 to a full term that is less than a 4-year term, appropriate
adjustments should be made to each ballot in Section 9-12. In the case of any
unexpired term each ballot format must indicate whether it is a 4-year or a
2-year unexpired term.
(Source: P.A. 90-637, eff. 7-24-98; 91-357, eff. 7-29-99.)
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105 ILCS 5/9-13
(105 ILCS 5/9-13) (from Ch. 122, par. 9-13)
Sec. 9-13.
Public measure - Ballot.
More than one public measure may be submitted upon the same ballot.
The proposition of purchasing one or more schoolhouse sites, building one
or more new schoolhouses, and issuing bonds for the purpose of borrowing
money to purchase one or more schoolhouse sites and to build one or more
new schoolhouses or make additions and improvements to existing school
buildings, may be combined into one or more propositions on the ballot.
No proposition under this Section which is substantially the same
shall be submitted more than once every 2 months, except where the
proposition is submitted as a consequence of a disaster, calamity or
other Act of God.
(Source: P.A. 81-1489.)
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105 ILCS 5/9-18
(105 ILCS 5/9-18)
Sec. 9-18. (Repealed).
(Source: P.A. 93-1079, eff. 1-21-05. Repealed by P.A. 95-141, eff. 8-13-07.)
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105 ILCS 5/9-22
(105 ILCS 5/9-22) (from Ch. 122, par. 9-22)
Sec. 9-22.
School board districts; changing manner of election.
A
school board may by resolution or shall, upon the petition of the lesser of
2,500 or 5% of the district's registered voters, order submitted to the
district's voters at a regular school election or at the general election, the
proposition for the election of board members by school board district, and the
proposition shall thereupon be certified by the board's secretary for
submission. If the proposition is approved by a majority of those voting on
the proposition, the board shall divide the school district into 7 school board
districts, each of which must be compact and contiguous and substantially equal
in population to each other district. The terms of office of the board members
incumbent at the time the proposition is adopted expire on the day of the next
regular school election, at which time one member shall be elected from each
school board district. In districts which have 4 year terms, those members
first elected after adoption of such a proposition shall, by lot, determine
3 to serve for 2 years and 4 for 4 years; their successors shall serve for
a 4 year term. In districts which have 6 year terms, those members first
elected after adoption of such a proposition shall, by lot, determine 3 to
serve for 2 years, 2 for 4 years and 2 for 6 years; their successors shall
serve for a 6 year term. Vacancies shall be filled as provided in Section
10-10.
In the year following each decennial census, the school board shall
reapportion the board districts to reflect the results of such census;
provided, that no decennial reapportionment shall be required in any school
district which elects its board members by school board district rather than at
large if: (i) on the effective date of this amendatory Act of 1990, such school
district last elected its board members by school board district at the
nonpartisan election in 1989; (ii) the terms of the board members so elected
were determined by lot after that election and prior to January 1, 1990; and
(iii) the population of each existing school board district in that school
district at the time of the decennial census is within 5% of
what would be the population in the corresponding school board district
that would result were the school board districts in that school district to
be reapportioned following that decennial census as otherwise required
by this paragraph. If reapportionment is required by this paragraph, the
school board districts shall be compact, contiguous and substantially equal in
population, and such 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 submission of nominating
petitions for the next school board election. At the same board meeting,
the board shall, publicly by lot, divide the board districts as equally as
possible into 2 groups. In school districts which have 4 year terms, board
members or their successors from one group shall be elected for successive
terms of 2 years, 4 years and 4 years; and members or their successors from
the second group shall be elected for successive terms of 4 years, 4 years
and 2 years. In school districts which have 6 year terms, board members or
their successors from one group shall be elected for successive terms of 4
years and 6 years; and members or their successors from the second group
shall be elected for successive terms of 6 years and 4 years.
In any school district in which the members of the school board are
elected by school board district rather than at large, the school board may
by resolution or shall, upon the petition of the lesser of 2,500 or 5% of
the school district's registered voters, order submitted to the school
district's voters at a regular school election or at the general election,
the proposition for the election of board members at large rather than by
school board district; and the proposition shall thereupon be certified by
the board's secretary for submission. If a majority of those voting at the
election in each school board district vote in favor of the proposition:
(i) the proposition to elect board members at large shall be deemed to have
passed, (ii) new members of the board shall be elected at large at the next
regular school election, and (iii) the terms of office of the board members
incumbent at the time the proposition is adopted shall expire when the new
board members that are elected at large have organized in accordance with
Section 10-16. In school districts that formerly elected their members by
school board district to successive terms not exceeding 4 years, the
members elected at large shall be elected for a term of 4 years, and in
school districts that formerly elected their members by school board
district to successive terms not exceeding 6 years, the members elected at
large shall be elected for a term of 6 years; provided, that in each case
the terms of the board members initially elected at large as provided in
this paragraph shall be staggered and determined in accordance with the
provisions of Sections 10-10 and 10-16.
(Source: P.A. 87-1139; 87-1210; 88-45.)
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105 ILCS 5/Art. 10
(105 ILCS 5/Art. 10 heading)
ARTICLE 10.
SCHOOL BOARDS
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105 ILCS 5/10-1
(105 ILCS 5/10-1) (from Ch. 122, par. 10-1)
Sec. 10-1. Board
of school directors.
(a) School districts having a population of fewer than 1000 inhabitants
and
not governed by any special act shall be governed by a board of school
directors to consist of 3 members who shall be elected in the manner
provided in Article 9 of this Act. In consolidated districts and in districts
in which the membership of the board of school directors is increased as
provided in subsection (b), 7 members
shall be so elected.
(b) Upon presentment to the board of school directors of a school district
having a population of fewer than 1,000 inhabitants of a petition signed by the
lesser of 5% or 25 of the registered voters of the district to increase the
membership of the district's board of school directors to 7 directors and to
elect a new 7-member board of school directors to replace the district's
existing board of 3 school directors, the clerk or secretary of the board of
school directors shall certify the proposition to the proper election
authorities for submission to the electors of the district at a regular
scheduled election in accordance with the general election law. If the
proposition is approved by a majority of those voting on the proposition, the
members of the board of school directors of that district thereafter shall be
elected in the manner provided by subsection (c) of Section 10-4.
(c) A board of school directors 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.)
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105 ILCS 5/10-2
(105 ILCS 5/10-2) (from Ch. 122, par. 10-2)
Sec. 10-2.
Corporate powers.
The directors of each district shall be a body politic and corporate, by
the name of "school directors of district No. ...., county of .... and
State of Illinois," 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 5/10-3
(105 ILCS 5/10-3) (from Ch. 122, par. 10-3)
Sec. 10-3. Eligibility of directors. Any person who, on the date of his
or her election, is a citizen of the United States, of the age of 18 years or
over, is a resident of the State and of the territory of the district for at
least one year immediately preceding his or her election, is a registered voter
as provided in the general election law, is not a school trustee or a school
treasurer, and is not a child sex offender as defined in Section 11-9.3 of the
Criminal Code of 2012 shall be eligible to the office of school director.
(Source: P.A. 97-1150, eff. 1-25-13.)
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105 ILCS 5/10-4
(105 ILCS 5/10-4) (from Ch. 122, par. 10-4)
Sec. 10-4.
Election of directors.
(a) In all districts, directors shall be elected in each odd-numbered
year, each for a term of 4 years.
(b) In consolidated districts where 5 directors
are elected in 1981 pursuant to the extension of terms provided by law for
transition to the consolidated election schedule under the general election
law, those directors elected shall, by lot, determine
2 of their number to serve 2 years and 3 to serve 4 years; their successors
shall serve for a 4 year term.
(c) If a proposition to increase the membership of a school district's
board of school directors to 7 directors and to elect a new 7-member board of
school directors to replace the district's existing board of 3 school directors
is approved by the electors of the district at a regular scheduled election as
provided in subsection (b) of Section 10-1, 7 members shall be elected at the
next regular school election, in the manner provided by Article 9, to serve as
the board of school directors of that district. The terms of office of the 3
members of the board of school directors serving at the time of the election of
the initial 7-member board of school directors shall expire when the 7 newly
elected members of the initial 7-member board of school directors assume office
and are organized as provided in Section 10-5. At their organizational
meeting, the initial members of the 7-member board of school directors shall by
lot determine 4 of their number to serve 4 year terms and 3 of their number to
serve 2 year terms. Their successors shall serve for a 4 year term.
(d) In all other districts, one school director
shall be elected in each district every
other odd-numbered year, and two school directors shall be elected in the
intervening odd-numbered years.
(e) When a vacancy occurs in the membership of any board
of school directors the remaining members shall,
within 30
days, fill the vacancy by appointment until the next regular school
election, or, upon their failure so to do, the regional superintendent
shall make such appointment within the next 30 days to fill the
vacancy as herein provided.
Upon the regional superintendent's failure
to fill the vacancy, the vacancy shall be filled at the next regularly
scheduled
election.
(Source: P.A. 90-757, eff. 8-14-98.)
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105 ILCS 5/10-5
(105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
Sec. 10-5. Organization of board - Report to treasurer and regional
superintendent of schools. Within 28 days after the regular election of
directors, the directors shall meet and organize by appointing one
of their number president and another as clerk, except that when directors
are elected at the consolidated elections in April of 1999 and April of 2001,
the directors shall meet and organize, in the manner provided by this Section,
within 7 days after the first Tuesday after the first Monday of November in
each of those 2 years. The clerk shall at once report
to the treasurer and regional superintendent of schools the names of the
president and clerk so appointed. Upon organizing itself as provided in this
Section, the board of school directors shall enter upon the discharge of its
duties. Terms of members are subject to Section 2A-54 of the Election Code,
except as otherwise limited by subsection (c) of Section 10-4.
(Source: P.A. 93-847, eff. 7-30-04.)
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105 ILCS 5/10-6
(105 ILCS 5/10-6) (from Ch. 122, par. 10-6)
Sec. 10-6.
Regular and special meetings.
The directors shall hold regular meetings at such times as they may
designate, and special meetings at the call of the president or of any 2
members. Public notice of meetings must be given as prescribed in
Sections 2.02 and 2.03 of the Open Meetings Act. No official business
shall be transacted by the directors except at a regular or a special
meeting. In consolidated districts and in districts electing a 7-member board
of school directors under subsection (c) of Section 10-4, 4 directors shall
constitute a
quorum for the transaction of business. In all other districts 2
directors shall constitute a quorum for
the transaction of business. If the president or clerk is absent from
any meeting or refuses to perform his duties, a president or clerk pro
tempore shall be appointed. At each regular and special meeting which
is open to the public, members of the public and employees of the district
shall be afforded time, subject to reasonable constraints, to comment to
or ask questions of the board. When the president or district superintendent
of schools receives a written correspondence from a resident within the
school district's territory, requesting the consideration of a matter before
the board, the author of the correspondence shall receive a formal written
statement from an appointed official of the board stating the board's position
on their request, no later than 60 days from the receipt of the correspondence
by the president or district superintendent of schools. The formal written
response from the board shall establish a meeting before the board or list
the reasons for denying the request.
(Source: P.A. 90-757, eff. 8-14-98.)
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105 ILCS 5/10-7
(105 ILCS 5/10-7) (from Ch. 122, par. 10-7)
Sec. 10-7. Secretary or clerk to record official acts - yeas and nays
on expenditures. The secretary or clerk shall keep in a punctual, orderly
and reliable manner a record of the official acts of the board which
shall be signed by the president and the secretary or clerk, and
submitted to the treasurer having custody of the funds of the district
for his inspection and approval at such times as the treasurer may require. On all
questions involving the expenditure of money, the yeas and nays shall be
taken and entered on the records of the proceedings of the board. The
secretary or clerk shall keep the minutes and, if the district is not
required to employ a superintendent, keep or cause to be kept the
financial records of the school district.
(Source: P.A. 96-998, eff. 7-2-10.)
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105 ILCS 5/10-8
(105 ILCS 5/10-8) (from Ch. 122, par. 10-8)
Sec. 10-8.
Report by secretary or clerk to treasurer.
On or before July 7 annually, the secretary or clerk shall report to
the treasurer having the custody of the funds of his district, such
statistics and other information in relation to the schools of his
district as the treasurer is required to include in his report to the
regional superintendent of schools.
(Source: P.A. 80-279.)
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105 ILCS 5/10-9
(105 ILCS 5/10-9) (from Ch. 122, par. 10-9)
Sec. 10-9. Interest of board member in contracts.
(a) No school board member shall be interested, directly or indirectly,
in his own name or in the name of any other person, association, trust or
corporation, in any contract, work or business of the district or in the
sale of any article, whenever the expense, price or consideration of the
contract, work, business or sale is paid either from the treasury or by any
assessment levied by any statute or ordinance. A school board member shall not be deemed interested if the board member is an employee of a business that is involved in the transaction of business with the school district, provided that the board member has no financial interests other than as an employee. No school board member
shall be interested, directly or indirectly, in the purchase of any
property which (1) belongs to the district, or (2) is sold for taxes or
assessments, or (3) is sold by virtue of legal process at the suit of
the district.
(b) However, any board member may provide materials, merchandise,
property, services or labor, if:
A. the contract is with a person, firm, partnership, |
| association, corporation or cooperative association in which the board member has less than a 7 1/2% share in the ownership; and
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B. such interested board member publicly discloses
| | the nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract; and
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C. such interested board member abstains from voting
| | on the award of the contract, though he shall be considered present for the purposes of establishing a quorum; and
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D. such contract is approved by a majority vote of
| | those board members presently holding office; and
|
|
E. the contract is awarded after sealed bids to the
| | lowest responsible bidder if the amount of the contract exceeds $1500, or awarded without bidding if the amount of the contract is less than $1500; and
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|
F. the award of the contract would not cause the
| | aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation or cooperative association in the same fiscal year to exceed $25,000.
|
|
(c) In addition to the above exemption, any board member may provide
materials, merchandise, property, services or labor if:
A. the award of the contract is approved by a
| | majority vote of the board provided that any such interested member shall abstain from voting; and
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B. the amount of the contract does not exceed $1,000;
| |
C. the award of the contract would not cause the
| | aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed $2,000, except with respect to a board member of a school district in which the materials, merchandise, property, services, or labor to be provided under the contract are not available from any other person, firm, association, partnership, corporation, or cooperative association in the district, in which event the award of the contract shall not cause the aggregate amount of all contracts so awarded to that same person, firm, association, partnership, or cooperative association in the same fiscal year to exceed $5,000; and
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D. such interested member publicly discloses the
| | nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract; and
|
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E. such interested member abstains from voting on the
| | award of the contract, though he shall be considered present for the purposes of establishing a quorum.
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(d) In addition to exemptions otherwise authorized by this Section, any
board member may purchase for use as the board member's primary place of
residence a house constructed by the district's vocational education
students on the same basis that any other person would be entitled to
purchase the property. The sale of the house by the district must comply
with the requirements set forth in Section 5-22 of The School Code.
(e) A contract for the procurement of public utility services by a
district with a public utility company is not barred by this Section by
one or more members of the board being an officer or employee of the
public utility company or holding an ownership interest of no more than
7 1/2% in the public utility company, or holding an ownership interest of
any size if the school district has a population of less than 7,500 and
the public utility's rates are approved by the Illinois Commerce
Commission. An elected or appointed member of the board having such an
interest shall be deemed not to have a prohibited interest under this Section.
(f) Nothing contained in this Section, including the restrictions set
forth in subsections (b), (c), (d) and (e), shall preclude a contract of
deposit of monies, loans or other financial services by a school
district with a local bank or local savings and loan association,
regardless of whether a member or members of the governing body of the
school district are interested in such bank or savings and loan
association as an officer or employee or as a holder of less than 7 1/2%
of the total ownership interest. A member or members holding such an
interest in such a contract shall not be deemed to be holding a
prohibited interest for purposes of this Act. Such interested member or
members of the governing body must publicly state the nature and extent
of their interest during deliberations concerning the proposed award of
such a contract, but shall not participate in any further deliberations
concerning the proposed award. Such interested member or members shall
not vote on such a proposed award. Any member or members abstaining
from participation in deliberations and voting under this Section may be
considered present for purposes of establishing a quorum. Award of such
a contract shall require approval by a majority vote of those members
presently holding office. Consideration and award of any such contract
in which a member or members are interested may only be made at a
regularly scheduled public meeting of the governing body of the school
district.
(g) Any school board member who violates this Section is guilty of a
Class 4 felony and in addition thereto any office held by such person so
convicted shall become vacant and shall be so declared as part of the
judgment of the court.
(Source: P.A. 96-998, eff. 7-2-10.)
|
105 ILCS 5/10-10
(105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
Sec. 10-10. Board of education; Term; Vacancy. All school districts
having a population of not fewer than 1,000 and not more than 500,000
inhabitants, as ascertained by any special or general census, and not
governed by special Acts, shall be governed by a board of education
consisting of 7 members, serving without compensation except as herein
provided. Each member shall be elected for a term of 4 years for the initial members
of the board of education of a combined school district to which that
subsection applies. If 5 members are elected in 1983 pursuant to the extension
of terms provided by
law for transition to the consolidated election schedule under the general
election law, 2 of those members shall be elected to serve terms of 2 years
and 3 shall be elected to serve terms of 4 years; their successors shall
serve for a 4 year term. When the voters of a district have voted to elect
members of the board of education for 6 year terms, as provided in Section
9-5, the terms of office of members of the board of education of that
district expire when their successors assume office but not later than 7
days after such election. If at the regular school election held in the
first odd-numbered year after the determination to elect members for 6 year
terms 2 members are elected, they shall serve for a 6 year term; and of the
members elected at the next regular school election 3 shall serve for a
term of 6 years and 2 shall serve a term of 2 years. Thereafter members
elected in such districts shall be elected to a 6 year term. If at the
regular school election held in the first odd-numbered year after the
determination to elect members for 6 year terms 3 members are elected, they
shall serve for a 6 year term; and of the members elected at the next
regular school election 2 shall serve for a term of 2 years and 2 shall
serve for a term of 6 years. Thereafter members elected in such districts
shall be elected to a 6 year term. If at the regular school election held
in the first odd-numbered year after the determination to elect members for
6 year terms 4 members are elected, 3 shall serve for a term of 6 years and
one shall serve for a term of 2 years; and of the members elected at the
next regular school election 2 shall serve for terms of 6 years and 2 shall
serve for terms of 2 years. Thereafter members elected in such districts
shall be elected to a 6 year term. If at the regular school election held
in the first odd-numbered year after the determination to elect members for
a 6 year term 5 members are elected, 3 shall serve for a term of 6 years
and 2 shall serve for a term of 2 years; and of the members elected at the
next regular school election 2 shall serve for terms of 6 years and 2 shall
serve for terms of 2 years. Thereafter members elected in such districts
shall be elected to a 6 year term. An election for board members shall not
be held in school districts which by consolidation, annexation or otherwise
shall cease to exist as a school district within 6 months after the
election date, and the term of all board members which would otherwise
terminate shall be continued until such district shall cease to exist. Each
member, on the date of his or her election, shall be a
citizen of the United
States of the age of 18 years or over, shall be a resident of the State and
the
territory of the district for at least one year immediately preceding his or
her
election, shall be a registered voter as provided in the general election
law,
shall not be a school trustee, and shall not be a child
sex offender as defined in Section 11-9.3 of the
Criminal Code of 2012. When the board of
education is the successor of the school directors, all rights of property,
and all rights regarding causes of action existing or vested in such
directors, shall vest in it as fully as they were vested in the school
directors. Terms of members are subject to Section 2A-54 of the Election Code.
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the secretary of the board of education or with
a person designated by the board to receive nominating petitions 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.
Whenever a vacancy occurs, the remaining members shall notify the
regional superintendent of that vacancy within 5 days after its occurrence
and shall proceed to fill the vacancy until the next regular school
election, at which election a successor shall be elected to serve the
remainder of the unexpired term. However, if the vacancy occurs with less
than 868 days remaining in the term, or if the vacancy occurs
less than 88
days before the next regularly scheduled election for this office then the
person so appointed shall serve the remainder of the unexpired term, and no
election to fill the vacancy shall be held. Should they fail so to
act, within 45 days after the vacancy occurs, the regional superintendent
of schools under whose supervision and control the district is operating,
as defined in Section 3-14.2 of this Act, shall within 30 days after the
remaining members have failed to fill the vacancy, fill the vacancy as
provided for herein. Upon the regional superintendent's failure to fill the
vacancy, the vacancy shall be filled at the next regularly scheduled
election. Whether elected or appointed by the remaining members or regional
superintendent, the successor shall be an inhabitant of the particular area
from which his or her predecessor was elected if the residential requirements
contained in Section 10-10.5 or 12-2 of this Code apply.
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. 96-538, eff. 8-14-09; 97-1150, eff. 1-25-13.)
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105 ILCS 5/10-10.5 (105 ILCS 5/10-10.5) Sec. 10-10.5. Community unit school district or combined school district formation; school board election. (a) Except as otherwise provided in subsection (b) of this Section, for community unit school districts formed before January 1, 1975 and for combined school districts formed before July 1, 1983, the following provisions apply: (1) if the territory of the district is greater than |
| 2 congressional townships or 72 square miles, then not more than 3 board members may be selected from any one congressional township, except that congressional townships of less than 100 inhabitants shall not be considered for the purpose of this mandatory board representation;
|
| (2) if in the community unit school district or
| | combined school district at least 75% but not more than 90% of the population is in one congressional township, then 4 board members shall be selected from the congressional township and 3 board members shall be selected from the rest of the district, except that if in the community unit school district or combined school district more than 90% of the population is in one congressional township, then all board members may be selected from one or more congressional townships; and
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| (3) if the territory of any community unit school
| | district or combined school district consists of not more than 2 congressional townships or 72 square miles, but consists of more than one congressional township or 36 square miles, outside of the corporate limits of any city, village, or incorporated town within the school district, then not more than 5 board members may be selected from any city, village, or incorporated town in the school district.
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| (b)(1) The provisions of subsection (a) of this Section for mandatory board representation shall no longer apply to a community unit school district formed before January 1, 1975, to a combined school district formed before July 1, 1983, or to community consolidated school districts, and the members of the board of education shall be elected at large from within the school district and without restriction by area of residence within the district if both of the following conditions are met with respect to that district:
(A) A proposition for the election of board members
| | at large and without restriction by area of residence within the school district rather than in accordance with the provisions of subsection (a) of this Section for mandatory board representation is submitted to the school district's voters at a regular school election or at the general election as provided in this subsection (b).
|
| (B) A majority of those voting at the election in
| | each congressional township comprising the territory of the school district, including any congressional township of less than 100 inhabitants, vote in favor of the proposition.
|
| (2) The school board may, by resolution, order
| | submitted or, upon the petition of the lesser of 2,500 or 5% of the school district's registered voters, shall order submitted to the school district's voters, at a regular school election or at the general election, the proposition for the election of board members at large and without restriction by area of residence within the district rather than in accordance with the provisions of subsection (a) of this Section for mandatory board representation; and the proposition shall thereupon be certified by the board's secretary for submission.
|
| (3) If a majority of those voting at the election in
| | each congressional township comprising the territory of the school district, including any congressional township of less than 100 inhabitants, vote in favor of the proposition:
|
| (A) the proposition to elect board members at
| | large and without restriction by area of residence within the district shall be deemed to have passed,
|
| (B) new members of the board shall be elected at
| | large and without restriction by area of residence within the district at the next regular school election, and
|
| (C) the terms of office of the board members
| | incumbent at the time the proposition is adopted shall expire when the new board members that are elected at large and without restriction by area of residence within the district have organized in accordance with Section 10-16.
|
| (4) In a community unit school district, a combined
| | school district, or a community consolidated school district that formerly elected its members under subsection (a) of this Section to successive terms not exceeding 4 years, the members elected at large and without restriction by area of residence within the district shall be elected for a term of 4 years, and in a community unit school district or combined school district that formerly elected its members under subsection (a) of this Section to successive terms not exceeding 6 years, the members elected at large and without restriction by area of residence within the district shall be elected for a term of 6 years; provided that in each case the terms of the board members initially elected at large and without restriction by area of residence within the district as provided in this subsection (b) shall be staggered and determined in accordance with the provisions of Sections 10-10 and 10-16 of this Code.
|
|
(Source: P.A. 94-1019, eff. 7-10-06.)
|
105 ILCS 5/10-11
(105 ILCS 5/10-11) (from Ch. 122, par. 10-11)
Sec. 10-11. Vacancies. Elective offices become vacant within the meaning of the Act, unless the
context indicates otherwise, on the happening of any of the following
events, before the expiration of the term of such office:
1. The death of the incumbent.
2. His or her resignation in writing filed with the |
| Secretary or Clerk of the Board.
|
|
3. His or her becoming a person under legal
| |
4. His or her ceasing to be an inhabitant of the
| | district for which he or she was elected.
|
|
5. His or her conviction of an infamous crime, of any
| | offense involving a violation of official oath, or of a violent crime against a child.
|
|
6. His or her removal from office.
7. The decision of a competent tribunal declaring his
| |
8. His ceasing to be an inhabitant of a particular
| | area from which he was elected, if the residential requirements contained in Section 10-10.5, 11E-35, or 12-2 of this Code are violated.
|
|
No elective office except as herein otherwise provided becomes vacant
until the successor of the incumbent of such office has been appointed or
elected, as the case may be, and qualified. The successor shall have the
same type of residential qualifications as his or her predecessor and, if the
residential requirements contained in Section 10-10.5, 11E-35, or 12-2 of this Code
apply, the successor, whether elected or appointed by the remaining members or
a regional superintendent, shall be an inhabitant of the particular area from
which his or her predecessor was elected.
(Source: P.A. 94-1019, eff. 7-10-06.)
|
105 ILCS 5/10-12
(105 ILCS 5/10-12) (from Ch. 122, par. 10-12)
Sec. 10-12.
Quorum.
A majority of the full membership of the board of education shall
constitute a quorum. Unless otherwise provided, when a vote is taken upon
any measure before the board, a quorum being present, a majority of the
votes of the members voting on the measure shall determine the outcome
thereof.
(Source: Laws 1961, p. 31.)
|
105 ILCS 5/10-13
(105 ILCS 5/10-13) (from Ch. 122, par. 10-13)
Sec. 10-13.
President of board of education.
The president of the board of education shall be elected by the
members thereof from among their number and serve for 2 years, except
that the board by resolution may establish a policy for the term of office
to be one year.
He shall preside at all meetings and shall perform such duties as are
imposed upon him by law or by action of the board of education. If he is
absent from any meeting or refuses to perform his duties, a president
pro tempore shall be appointed. The vice-president of the board, if the
board elects such officer, shall be appointed the president pro tempore.
(Source: P.A. 84-497.)
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105 ILCS 5/10-13.1
(105 ILCS 5/10-13.1) (from Ch. 122, par. 10-13.1)
Sec. 10-13.1.
Vice-President of the board of education.
A
vice-president of the board of education shall be elected by the members
thereof from among their number and serve for 2 years, except that the
board by resolution may establish a policy for the term of office to be
one year.
The vice-president shall perform the duties of the president if there is
a vacancy in the office of president or in case of the president's absence
or inability to act, and other duties imposed upon him by the rules of
the board.
(Source: P.A. 85-839.)
|
105 ILCS 5/10-14
(105 ILCS 5/10-14) (from Ch. 122, par. 10-14)
Sec. 10-14.
Secretary of board of education.
The secretary of the board of education shall be elected by the board
of education and may be a member thereof, who shall serve for 2 years,
except that the board by resolution may establish a policy for the term
of office to be one year. The secretary, if not a member of the board,
may receive such compensation as shall be fixed by the board of education
prior to the election of the secretary. If the secretary is a member of
the board, he or she may receive such compensation not to exceed $500 per
year as shall be fixed by the board and may vote on all questions coming before the board.
He shall perform the duties usually pertaining to his office, or to
the clerk of a board of directors, and such as are imposed on him by
law, or by action of the board of education. If he is absent from any
meeting or refuses to perform his duties, a secretary pro tempore who
may but need not be a member of the board shall be appointed.
(Source: P.A. 86-682.)
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105 ILCS 5/10-16
(105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
Sec. 10-16. Organization of Board. Within 28 days after the consolidated
election, other than the consolidated elections in 1999 and 2001, the
board shall organize by electing its officers and fixing a time and place
for the regular meetings. However, when school board members are elected at
the consolidated elections held in April of 1999 and April of 2001, the board
shall organize within 7 days after the first Tuesday after the first Monday of
November in each such year by electing officers and setting the time and place
of the regular meetings. Upon organizing itself as provided in this paragraph,
the board shall enter upon the discharge of its duties.
The regional superintendent of schools having supervision and control, as
provided in Section 3-14.2, of a new school
district that is governed by the School Code and formed on or after the
effective date of this amendatory Act of 1998 shall convene
the newly elected board within 7 days after the election of the board of
education of that district, whereupon
the board
shall proceed to organize by electing one of their number as
president and
electing a secretary, who may or may not be a member. At such meeting the
length of term of each of the members shall be determined by lot so that 4
shall serve for 4 years, and 3 for 2 years from the commencement of their
terms; provided, however, if such members were not elected at the
consolidated election in an odd-numbered year, such initial
terms shall be
extended to the consolidated election for school board
members immediately
following the expiration of the initial 4 or 2 year terms.
The provisions of this paragraph that relate to the determination of terms by
lot shall not apply to the initial members of the board of education of a
combined school district who are to be elected to unstaggered terms.
The terms of the
officers of a board of education shall be for 2 years, except that
the
terms of the officers elected at the organization meeting in November, 2001
shall expire at the organization meeting in April, 2003; provided that the
board by resolution may
establish a policy for the terms of office to be one year, and provide for
the election of officers.
Special meetings of the board of education may be called by the president
or by any 3 members of the board by giving notice thereof in writing, stating
the time, place and purpose of the meeting. Such notice may be served by
mail 48 hours before such meeting or by personal service 24 hours before
such meeting. Public notice of meetings must also be given as prescribed in
Sections 2.02 and 2.03 of the Open Meetings Act, as now or hereafter amended.
At each regular and special meeting which is open to the public, members
of the public and employees of the district shall be afforded time, subject
to reasonable constraints, to comment to or ask questions of the board.
The president or district superintendent shall, at each regular board
meeting, report any requests made of the district under provisions of The
Freedom of Information Act and shall report the status of the district's
response.
(Source: P.A. 93-847, eff. 7-30-04; 94-1019, eff. 7-10-06.)
|
105 ILCS 5/10-16a (105 ILCS 5/10-16a) Sec. 10-16a. School board member's leadership training. (a) This Section applies to all school board members serving pursuant to Section 10-10 of this Code who have been elected after the effective date of this amendatory Act of the 97th General Assembly or appointed to fill a vacancy of at least one year's duration after the effective date of this amendatory Act of the 97th General Assembly. (b) Every voting member of a school board of a school district elected or appointed for a term beginning after the effective date of this amendatory Act of the 97th General Assembly, within a year after the effective date of this amendatory Act of the 97th General Assembly or the first year of his or her first term, shall complete a minimum of 4 hours of professional development leadership training covering topics in education and labor law, financial oversight and accountability, and fiduciary responsibilities of a school board member. The school district shall maintain on its Internet website, if any, the names of all voting members of the school board who have successfully completed the training. (c) The training on financial oversight, accountability, and fiduciary responsibilities may be provided by an association established under this Code for the purpose of training school board members or by other qualified providers approved by the State Board of Education, in consultation with an association so established.
(Source: P.A. 97-8, eff. 6-13-11.)|
105 ILCS 5/10-16.5 (105 ILCS 5/10-16.5) Sec. 10-16.5. Oath of office. Each school board member, before taking his or her seat on the board, shall take an oath of office, administered as determined by the board, in substantially the following form: I, (name of member or successful candidate), do |
| solemnly swear (or affirm) that I will faithfully discharge the duties of the office of member of the Board of Education (or Board of School Directors, as the case may be) of (name of school district), in accordance with the Constitution of the United States, the Constitution of the State of Illinois, and the laws of the State of Illinois, to the best of my ability.
|
| I further swear (or affirm) that:
I shall respect taxpayer interests by serving as a
| | faithful protector of the school district's assets;
|
| I shall encourage and respect the free expression of
| | opinion by my fellow board members and others who seek a hearing before the board, while respecting the privacy of students and employees;
|
| I shall recognize that a board member has no legal
| | authority as an individual and that decisions can be made only by a majority vote at a public board meeting; and
|
| I shall abide by majority decisions of the board,
| | while retaining the right to seek changes in such decisions through ethical and constructive channels.
|
|
(Source: P.A. 96-998, eff. 7-2-10.)
|
105 ILCS 5/10-16.7 (105 ILCS 5/10-16.7)
Sec. 10-16.7. School board duties with respect to superintendent. In addition to all other powers and duties enumerated in this Article, the school board shall make all employment decisions pertaining to the superintendent. The school board shall direct, through policy, the superintendent in his or her charge of the administration of the school district, including without limitation considering the recommendations of the superintendent concerning the budget, building plans, the locations of sites, the selection, retention, and dismissal of employees, and the selection of textbooks, instructional material, and courses of study. The school board shall evaluate the superintendent in his or her administration of school board policies and his or her stewardship of the assets of the district.
(Source: P.A. 94-881, eff. 6-20-06.)|
105 ILCS 5/10-16.9 (105 ILCS 5/10-16.9) Sec. 10-16.9. Bank reconciliation reports. School districts on the financial watch or warning list that are required to submit deficit reduction plans pursuant to Section 17-1 of this Code or that are certified in financial difficulty must transmit the bank reconciliation reports from the school treasurer as required pursuant to Section 8-6 of this Code to the State Board of Education quarterly. The State Board of Education shall establish the dates by which the reconciliation reports must be submitted and provide a template for those districts to utilize.
(Source: P.A. 97-429, eff. 8-16-11.)|
105 ILCS 5/10-16.11 (105 ILCS 5/10-16.11) Sec. 10-16.11. Payment of outstanding obligations of a Financial Oversight Panel. The school board of a district subject to a Financial Oversight Panel pursuant to Article 1H of this Code that, except for the existence of outstanding financial obligations of the Financial Oversight Panel, would be able to seek abolition of the Panel pursuant to Section 1H-115 of this Code may: (1) spend surplus district funds in an amount sufficient to liquidate the outstanding obligations of the Financial Oversight Panel or (2) issue funding bonds for such purpose as authorized by Sections 19-8 and 19-9 of this Code.
(Source: P.A. 97-429, eff. 8-16-11.)|
105 ILCS 5/10-17 (105 ILCS 5/10-17) (from Ch. 122, par. 10-17)
Sec. 10-17. Statement of affairs.
(a) In Class I or Class II county
school units the school board may use either a cash basis or accrual
system of accounting; however, any board so electing to use the accrual
system may not change to a cash basis without the permission of the
State Board of Education.
School Boards using either a cash basis or accrual system of
accounting shall maintain records showing the assets, liabilities and
fund balances in such minimum forms as may be prescribed by the
State Board of Education. Such boards shall make available to the public a
statement of the affairs of the district prior to December 1 annually by submitting the statement of affairs in
such form as may be prescribed by the State Board of Education for
posting on the State Board of Education's Internet website, by having
copies of the statement of affairs available in the main administrative office of the district, and by publishing in a newspaper of general circulation published in the school district an annual statement of affairs summary containing at a minimum all of the following information: (1) A summary statement of operations for all funds |
| of the district, as excerpted from the statement of affairs filed with the State Board of Education. The summary statement must include a listing of all moneys received by the district, indicating the total amounts, in the aggregate, each fund of the district received, with a general statement concerning the source of receipts.
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| (2) Except as provided in subdivision (3) of this
| | subsection (a), a listing of all moneys paid out by the district where the total amount paid during the fiscal year exceeds $2,500 in the aggregate per person, giving the name of each person to whom moneys were paid and the total paid to each person.
|
| (3) A listing of all personnel, by name, with an
| | annual fiscal year gross payment in the categories set forth in subdivisions 1 and 2 of subsection (c) of this Section.
|
| In this Section, "newspaper of general circulation" means a newspaper of general circulation published in the school district, or, if no newspaper is published in the school district, a newspaper published in the county where the school district is located or, if no newspaper is published in the county, a newspaper published in the educational service region where the regional superintendent of schools has supervision and control of the school district. The submission to the State Board of Education shall include an assurance that the statement of affairs has been made available in the main administrative office of the school district and that the required notice has been published in accordance with this Section.
After December 15 annually, upon 10 days prior written notice to the school district, the State Board of Education may discontinue the processing of payments to the State Comptroller's office on behalf of any school district that is not in compliance with the requirements imposed by this Section. The State Board of Education shall resume the processing of payments to the State Comptroller's Office on behalf of the school district once the district is in compliance with the requirements imposed by this Section.
The State Board of Education must post, on or before January 15, all statements of affairs timely received from school districts.
(b) When any school district is the administrative district for several
school districts operating under a joint agreement as authorized by this
Code, no receipts or disbursements accruing, received or paid out
by that
school district as such an administrative district shall be included in
the statement of affairs of the district required by this Section.
However, that district shall have prepared and made available to the public, in accordance with subsection (a) of this Section, in the same
manner and subject to the same requirements as are provided in this
Section for the statement of affairs of that district, a statement
showing the cash receipts and disbursements by funds (or the revenue,
expenses and financial position, if the accrual system of accounting is
used) of the district as such administrative district, in the form
prescribed by the State Board of Education. The costs of
publishing the notice and summary of this separate statement
prepared by such an administrative
district shall be apportioned among and paid by the participating
districts in the same manner as other costs and expenses accruing to
those districts jointly.
School districts on a cash basis shall have prepared and made available to
the public, in accordance with subsection (a) of this Section, a
statement showing the cash receipts and disbursements by funds in the
form prescribed by the State Board of Education.
School districts using the accrual system of accounting shall have
prepared and made available to the public, in accordance with subsection (a) of this Section, a statement of
revenue
and expenses and a statement
of financial position in the form prescribed by the State Board of Education.
In Class II county school units such statement shall be prepared and
made available to the public, in accordance with subsection (a) of this Section, by the township treasurer of the
unit within which such
districts are located, except with respect to the school board of any
school district that no longer is subject to the jurisdiction and authority
of a township treasurer or trustees of schools of a township
because the district has withdrawn from the jurisdiction and authority of the
township treasurer and trustees of schools of the township or because
those offices have been abolished as provided in subsection (b) or
(c) of Section 5-1, and as to each such school district the statement
required by this Section shall be prepared and made available to the public, in accordance with subsection (a) of this Section, by the school
board of such district in the same manner as required for school boards of
school districts situated in Class I county school units.
(c) The statement of affairs required pursuant to this Section shall contain such information as may
be required by the State Board of Education, including:
1. Annual fiscal year gross payment for certificated
| | personnel to be shown by name, listing each employee in one of the following categories:
|
|
(a) Under $25,000
(b) $25,000 to $39,999
(c) $40,000 to $59,999
(d) $60,000 to $89,999
(e) $90,000 and over
2. Annual fiscal year payment for non-certificated
| | personnel to be shown by name, listing each employee in one of the following categories:
|
|
(a) Under $25,000
(b) $25,000 to $39,999
(c) $40,000 to $59,999
(d) $60,000 and over
3. In addition to wages and salaries all other moneys
| | in the aggregate paid to recipients of $1,000 or more, giving the name of the person, firm or corporation and the total amount received by each.
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|
4. Approximate size of school district in square
| |
5. Number of school attendance centers.
6. Numbers of employees as follows:
(a) Full-time certificated employees;
(b) Part-time certificated employees;
(c) Full-time non-certificated employees;
(d) Part-time non-certificated employees.
7. Numbers of pupils as follows:
(a) Enrolled by grades;
(b) Total enrolled;
(c) Average daily attendance.
8. Assessed valuation as follows:
(a) Total of the district;
(b) Per pupil in average daily attendance.
9. Tax rate for each district fund.
10. District financial obligation at the close of the
| |
(a) Teachers' orders outstanding;
(b) Anticipation warrants outstanding for each
| |
11. Total bonded debt at the close of the fiscal
| |
12. Percent of bonding power obligated currently.
13. Value of capital assets of the district
| |
(a) Land;
(b) Buildings;
(c) Equipment.
14. Total amount of investments each fund.
15. Change in net cash position from the previous
| | report period for each district fund.
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In addition to the above report, a report
of expenditures in the aggregate paid on behalf of recipients of $500 or
more, giving the name of the person, firm or corporation and the total
amount received by each shall be available in the school district office
for public inspection. This listing shall include all wages, salaries
and expenditures over $500 expended from any revolving fund maintained
by the district. Any resident of the school district may receive a copy
of this report, upon request, by paying a reasonable charge to defray
the costs of preparing such copy.
This Section does not apply to cities having a population exceeding
500,000.
(Source: P.A. 94-875, eff. 7-1-06.)
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105 ILCS 5/10-17a
(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
Sec. 10-17a. State, school district, and school report cards.
(1) By October 31, 2013 and October 31 of each subsequent school year, the State Board of Education, through the State Superintendent of Education, shall prepare a State report card, school district report cards, and school report cards, and shall by the most economic means provide to each school
district in this State, including special charter districts and districts
subject to the provisions of Article 34, the report cards for the school district and each of its schools. (2) In addition to any information required by federal law, the State Superintendent shall determine the indicators and presentation of the school report card, which must include, at a minimum, the most current data possessed by the State Board of Education related to the following: (A) school characteristics and student demographics, |
| including average class size, average teaching experience, student racial/ethnic breakdown, and the percentage of students classified as low-income; the percentage of students classified as limited English proficiency; the percentage of students who have individualized education plans or 504 plans that provide for special education services; the percentage of students who annually transferred in or out of the school district; the per-pupil operating expenditure of the school district; and the per-pupil State average operating expenditure for the district type (elementary, high school, or unit);
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| (B) curriculum information, including, where
| | applicable, Advanced Placement, International Baccalaureate or equivalent courses, dual enrollment courses, foreign language classes, school personnel resources (including Career Technical Education teachers), before and after school programs, extracurricular activities, subjects in which elective classes are offered, health and wellness initiatives (including the average number of days of Physical Education per week per student), approved programs of study, awards received, community partnerships, and special programs such as programming for the gifted and talented, students with disabilities, and work-study students;
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| (C) student outcomes, including, where applicable,
| | the percentage of students meeting as well as exceeding State standards on assessments, the percentage of students in the eighth grade who pass Algebra, the percentage of students enrolled in post-secondary institutions (including colleges, universities, community colleges, trade/vocational schools, and training programs leading to career certification within 2 semesters of high school graduation), the percentage of students graduating from high school who are college ready, the percentage of students graduating from high school who are career ready, and the percentage of graduates enrolled in community colleges, colleges, and universities who are in one or more courses that the community college, college, or university identifies as a remedial course;
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| (D) student progress, including, where applicable,
| | the percentage of students in the ninth grade who have earned 5 credits or more without failing more than one core class, a measure of students entering kindergarten ready to learn, a measure of growth, and the percentage of students who enter high school on track for college and career readiness; and
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| (E) the school environment, including, where
| | applicable, the percentage of students with less than 10 absences in a school year, the percentage of teachers with less than 10 absences in a school year for reasons other than professional development, leaves taken pursuant to the federal Family Medical Leave Act of 1993, long-term disability, or parental leaves, the 3-year average of the percentage of teachers returning to the school from the previous year, the number of different principals at the school in the last 6 years, 2 or more indicators from any school climate survey developed by the State and administered pursuant to Section 2-3.153 of this Code, and the combined percentage of teachers rated as proficient or excellent in their most recent evaluation.
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| The school report card shall also provide
information that allows for comparing the current outcome, progress, and environment data to the State average, to the school data from the past 5 years, and to the outcomes, progress, and environment of similar schools based on the type of school and enrollment of low-income, special education, and limited English proficiency students.
(3) At the discretion of the State Superintendent, the school district report card shall include a subset of the information identified in paragraphs (A) through (E) of subsection (2) of this Section, as well as information relating to the operating expense per pupil and other finances of the school district, and the State report card shall include a subset of the information identified in paragraphs (A) through (E) of subsections (2) of this Section.
(4) Notwithstanding anything to the contrary in this Section, in consultation with key education stakeholders, the State Superintendent shall at any time have the discretion to amend or update any and all metrics on the school, district, or State report card.
(5) Annually, no more than 30 calendar days after receipt of the school district and school report cards from the State Superintendent of Education, each school district, including special charter districts and districts subject to the provisions of Article 34, shall present such report
cards at a regular school board meeting subject to
applicable notice requirements, post the report cards
on the
school district's Internet web site, if the district maintains an Internet web
site, make the report cards
available
to a newspaper of general circulation serving the district, and, upon
request, send the report cards
home to a parent (unless the district does not maintain an Internet web site,
in which case
the report card shall be sent home to parents without request). If the
district posts the report card on its Internet web
site, the district
shall send a
written notice home to parents stating (i) that the report card is available on
the web site,
(ii) the address of the web site, (iii) that a printed copy of the report card
will be sent to
parents upon request, and (iv) the telephone number that parents may
call to
request a printed copy of the report card.
(Source: P.A. 97-671, eff. 1-24-12.)
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105 ILCS 5/10-18
(105 ILCS 5/10-18) (from Ch. 122, par. 10-18)
Sec. 10-18.
Orders.
Every order issued by the school board shall state for what purposes
or on what account it is issued, and shall be in the following form:
$.... State of Illinois, (insert date)
THE TREASURER
(Insert name)
Of School District No. .... in .... County,
Pay to the order of .... the sum of .... Dollars, for.........
..............................................................
..............................................................
By order of the School Board of
District No. ...., in said County.
Order No. ....
...................President
........Clerk (or Secretary)
An order paid in full and properly endorsed shall be a sufficient
receipt for the purposes of this Act. The school board shall issue no
order, except for teachers' wages, unless at the time there are sufficient
funds in the hands of the treasurer to pay it.
(Source: P.A. 91-357, eff. 7-29-99.)
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105 ILCS 5/10-19
(105 ILCS 5/10-19) (from Ch. 122, par. 10-19)
Sec. 10-19. Length of school term - experimental programs. Each school
board shall annually prepare a calendar for the school term, specifying
the opening and closing dates and providing a minimum term of at least 185
days to insure 176 days of actual pupil attendance, computable under Section
18-8.05, except that for the 1980-1981 school year only 175 days
of actual
pupil attendance shall be required because of the closing of schools pursuant
to Section 24-2 on January 29, 1981 upon the appointment by the President
of that day as a day of thanksgiving for the freedom of the Americans who
had been held hostage in Iran. Any days allowed by law for teachers'
institute but not used as such or used as parental institutes as provided
in Section 10-22.18d shall increase the minimum term by the school days not
so used. Except as provided in Section 10-19.1, the board may not extend
the school term beyond such closing date unless that extension of term is
necessary to provide the minimum number of computable days. In case of
such necessary extension school employees
shall be paid for such additional time on the basis of their regular
contracts. A school board may specify a closing date earlier than that
set on the annual calendar when the schools of the district have
provided the minimum number of computable days under this Section.
Nothing in this Section prevents the board from employing
superintendents of schools, principals and other nonteaching personnel
for a period of 12 months, or in the case of superintendents for a
period in accordance with Section 10-23.8, or prevents the board from
employing other personnel before or after the regular school term with
payment of salary proportionate to that received for comparable work
during the school term.
A school board may make such changes in its calendar for the school term
as may be required by any changes in the legal school holidays prescribed
in Section 24-2. A school board may make changes in its calendar for the
school term as may be necessary to reflect the utilization of teachers'
institute days as parental institute days as provided in Section 10-22.18d.
The calendar for the school term and any changes must be submitted to and approved by the regional superintendent of schools before the calendar or changes may take effect.
With the prior approval of the State Board of Education and subject
to review by the State Board of Education every 3 years, any school
board may, by resolution of its board and in agreement with affected
exclusive collective bargaining agents, establish experimental
educational programs, including but not limited to programs for
self-directed learning or outside of formal class periods, which programs
when so approved shall be considered to comply with the requirements of
this Section as respects numbers of days of actual pupil attendance and
with the other requirements of this Act as respects courses of instruction.
(Source: P.A. 93-1036, eff. 9-14-04.)
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105 ILCS 5/10-19.1
(105 ILCS 5/10-19.1) (from Ch. 122, par. 10-19.1)
Sec. 10-19.1. Full year school plan. (a) Any school district may, by resolution of its board, operate one or
more schools within the district on a full year school plan approved by
the State Board of Education.
Any board which operates under
this subsection (a) shall devise a plan so that a student's required attendance
in school shall be for a minimum term of 180 days of actual attendance,
including not more than 4 institute days, during a 12 month period, but
shall not exceed 185 days. Under such plan, no teacher shall be required
to teach more than 185 days. A calendar of 180 days may be established
with the approval of the State Board of Education.
(b) Any school board that operates one or more schools within the school district on a pilot full-year school plan under subsection (a-5) of Section 2-3.25f of this Code shall devise a plan so that a student's required attendance in school shall be for a minimum term of 215 days of actual attendance, including not more than 4 institute days, during a 12-month period. A calendar of 215 days may be established with the approval of the State Board of Education. (Source: P.A. 97-370, eff. 1-1-12.)
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105 ILCS 5/10-19.2
(105 ILCS 5/10-19.2) (from Ch. 122, par. 10-19.2)
Sec. 10-19.2.
Full year feasibility study - grant - transitional
expenditure reimbursement.
Any school district, including special charter districts, may, by
resolution of its board, file an application with the State Board of Education
and, if approved, receive funds for
the purpose of conducting a study of the feasibility of operating one or
more schools within the district on a full year school plan pursuant to
Section 10-19.1. Such feasibility study shall include, but need not be
limited to, the educational program, building and space needs,
administrative and personnel costs, pupil distribution in the district,
community attitudes and transportation costs. The Board of Education of
any district which conducts a feasibility study pursuant to this Section
shall submit a final report to the State Board of Education upon completion
of the study or within one year after
receipt of funds, whichever occurs first.
School districts seeking State financial support to conduct
feasibility studies shall file applications with the State Board of Education
on forms provided by the State
Board.
The State Board of Education may grant or deny applications,
in whole or in part,
and provide the funds necessary to implement approved applications,
provided that the total amount of funds necessary to implement approved
applications does not exceed the annual appropriation for that purpose.
If, based upon the results of a full year feasibility study, a school
district determines that it will operate one or more schools within the
district in accordance with Section 10-19.1, the State Board of Education
may, pursuant to guidelines established by the
State Board, reimburse such district for expenditures resulting
from making
such transition, provided that no expenditure shall be reimbursed which
would have been incurred by a school district in the absence of a
changeover to a full year school program.
In the event any funds appropriated for transition reimbursement
during any fiscal year are insufficient for that purpose, payment shall
be made in the proportion that the total amount of such expenditures
bears to the total amount of money available for payment.
(Source: P.A. 81-1508.)
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105 ILCS 5/10-19.3
(105 ILCS 5/10-19.3) (from Ch. 122, par. 10-19.3)
Sec. 10-19.3.
Advertisements for employees during strikes.
No school
board shall advertise seeking to hire employees to replace employees on
strike without stating in such advertisement that a strike is in progress.
(Source: P.A. 84-468.)
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105 ILCS 5/10-20
(105 ILCS 5/10-20) (from Ch. 122, par. 10-20)
Sec. 10-20.
Powers of school board.
The school board has the
powers enumerated in the Sections of this Article following
this Section. This enumeration of powers is
not exclusive, but the board may exercise all other powers not inconsistent
with this Act that may be requisite or proper for the maintenance, operation,
and development of any school or schools under the jurisdiction of the board.
This grant of powers does not release a school board from any duty imposed upon
it by this Act or any other law.
(Source: P.A. 88-670, eff. 12-2-94; 89-159, eff. 1-1-96.)
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105 ILCS 5/10-20.1
(105 ILCS 5/10-20.1) (from Ch. 122, par. 10-20.1)
Sec. 10-20.1.
Records to be retained.
To maintain records to substantiate all district claims for State aid
in accordance with regulations prescribed by the State Board of Education
and to retain such records for
a period of three
years.
(Source: P.A. 81-1508.)
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105 ILCS 5/10-20.2
(105 ILCS 5/10-20.2) (from Ch. 122, par. 10-20.2)
Sec. 10-20.2.
Report of teachers employed.
To report to the county superintendent within ten days after their
employment the names of all teachers employed, with the dates of the
beginning and end of their contracts.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/10-20.2b
(105 ILCS 5/10-20.2b)
Sec. 10-20.2b. (Repealed).
(Source: P.A. 85-611. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/10-20.3
(105 ILCS 5/10-20.3) (from Ch. 122, par. 10-20.3)
Sec. 10-20.3.
Revenue to be provided.
To provide for the revenue necessary to maintain schools in their
districts.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/10-20.4
(105 ILCS 5/10-20.4) (from Ch. 122, par. 10-20.4)
Sec. 10-20.4.
District in two or more townships - Treasurer to receive taxes.
To determine, in case of a district which is situated in a Class
II county school unit and which is subject to the jurisdiction and
authority of the trustees of schools of a township but
composed of parts of two or more townships, which treasurer is to receive
the taxes of the district, and to notify the collectors in writing
accordingly.
(Source: P.A. 86-1441.)
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105 ILCS 5/10-20.5
(105 ILCS 5/10-20.5) (from Ch. 122, par. 10-20.5)
Sec. 10-20.5.
Rules.
To adopt and enforce all necessary rules for the management and
government of the public schools of their district. Rules adopted by the
school board shall be filed for public inspection in the administrative
office of the district.
(Source: P.A. 81-1003.)
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105 ILCS 5/10-20.5a
(105 ILCS 5/10-20.5a) (from Ch. 122, par. 10-20.5a)
Sec. 10-20.5a.
Access to high school campus.
(a) For school districts maintaining grades 10 |
| through 12, to provide, on an equal basis, access to a high school campus and student directory information to the official recruiting representatives of the armed forces of Illinois and the United States for the purpose of informing students of the educational and career opportunities available in the military if the board has provided such access to persons or groups whose purpose is to acquaint students with educational or occupational opportunities available to them. The board is not required to give greater notice regarding the right of access to recruiting representatives than is given to other persons and groups. In this Section, "directory information" means a high school student's name, address, and telephone number.
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(b) If a student or his or her parent or guardian
| | submits a signed, written request to the high school before the end of the student's sophomore year (or if the student is a transfer student, by another time set by the high school) that indicates that the student or his or her parent or guardian does not want the student's directory information to be provided to official recruiting representatives under subsection (a) of this Section, the high school may not provide access to the student's directory information to these recruiting representatives. The high school shall notify its students and their parents or guardians of the provisions of this subsection (b).
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(c) A high school may require official recruiting
| | representatives of the armed forces of Illinois and the United States to pay a fee for copying and mailing a student's directory information in an amount that is not more than the actual costs incurred by the high school.
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(d) Information received by an official recruiting
| | representative under this Section may be used only to provide information to students concerning educational and career opportunities available in the military and may not be released to a person who is not involved in recruiting students for the armed forces of Illinois or the United States.
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(Source: P.A. 92-527, eff. 6-1-02.)
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105 ILCS 5/10-20.5b
(105 ILCS 5/10-20.5b) (from Ch. 122, par. 10-20.5b)
Sec. 10-20.5b.
Tobacco prohibition.
Each school board shall prohibit
the use of tobacco on school property by any school personnel, student, or
other person when such property is being used for
any school purposes. The school board may
not authorize or permit any
exception to or exemption from the prohibition at any place or at any time,
including without limitation outside of school buildings or before or after the
regular school day or on days when school is not in session. "School purposes" include but
are not limited to
all events or activities or other use of school property that the school
board or school officials authorize or permit on school property, including
without limitation
all interscholastic or extracurricular athletic, academic, or other events
sponsored by the school board or in which pupils of the district
participate. For purposes of this Section "tobacco" shall mean cigarette,
cigar, or tobacco in any other form, including smokeless tobacco which is
any loose, cut, shredded, ground, powdered, compressed or leaf tobacco that
is intended to be placed in the mouth without being smoked.
(Source: P.A. 89-181, eff. 7-19-95.)
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105 ILCS 5/10-20.6
(105 ILCS 5/10-20.6) (from Ch. 122, par. 10-20.6)
Sec. 10-20.6. Maintain schools.
To maintain the public schools under their jurisdiction
as the good of the schools may require and in conformance with the code
authorized in Section 2-3.12.
(Source: P.A. 96-998, eff. 7-2-10.)
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105 ILCS 5/10-20.7
(105 ILCS 5/10-20.7) (from Ch. 122, par. 10-20.7)
Sec. 10-20.7.
Appoint teachers and fix salaries.
To appoint all teachers and fix the amount of their salaries, subject to
limitations set forth in this Act. In fixing salaries of certificated
employees, school boards shall make no discrimination on account of sex and
there shall be no loss in salary because of jury duty or because such
employee, pursuant to subpoena issued by the clerk of a court and served on
such employee, attends as a witness upon trial or to have his or her
deposition taken in any school related matter pending in court, except that the
board may make a deduction equal to the amount received for such jury duty
or for per diem fees which the employee is entitled to receive for
complying with such subpoena. Certified employees may be paid full salary
by the board when in the active service of this State, under orders of the
Commander-in-Chief, as members of the Illinois National Guard or Illinois
Naval Militia, provided that the board may deduct from such salary any
amounts received for such State service. A school board may at any time
after January 1 employ teachers for the school year beginning on the
following July 1.
(Source: P.A. 86-1366.)
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105 ILCS 5/10-20.7a
(105 ILCS 5/10-20.7a) (from Ch. 122, par. 10-20.7a)
Sec. 10-20.7a.
Minority recruitment policy.
To develop and implement,
by 1991, a policy of recruitment and hiring of minority teachers, other
certificated employees and non-certificated employees, including
custodians, lunch room staff and teacher aides.
(Source: P.A. 86-227.)
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105 ILCS 5/10-20.7b
(105 ILCS 5/10-20.7b) (from Ch. 122, par. 10-20.7b)
Sec. 10-20.7b.
Active military service.
Any certificated or
non-certificated employee of a school board who is a member of any reserve
component of the United States Armed Services, including the Illinois
National Guard, and who is mobilized to active military duty on or after
August 1, 1990, shall for each pay period beginning on or after August 1, 1990
continue to receive the same regular compensation that he receives or was
receiving as an employee of the school board at the time he is or was so
mobilized to active military duty, plus any health insurance and other
benefits he is or was receiving or accruing at that time, minus the amount of
his base pay for military service, for the duration of his active military
service.
Such active military duty shall not result in the loss or diminishment of
any employment benefit, service credit, or status accrued at the time the
duty commenced if the duty commenced on or after September 1, 2001.
In the event any provision of a collective bargaining agreement or any
school board or district policy covering any employee so ordered to active
duty is more generous than the provisions contained in this Section, the
collective bargaining agreement or school board or district policy shall
be controlling.
(Source: P.A. 92-660, eff. 7-16-02.)
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105 ILCS 5/10-20.8
(105 ILCS 5/10-20.8) (from Ch. 122, par. 10-20.8)
Sec. 10-20.8.
Branches of study, textbooks and apparatus.
To direct what branches of study shall be taught and what apparatus
shall be used. Subject to Article 28 of this Act, to direct what
textbooks shall be used and to enforce uniformity of textbooks in the
public schools; but not to maintain grades above the eighth unless such
grades were maintained during the school year ended June 30, 1959.
Notwithstanding any other provision of this Section or the School Code,
no school board may purchase any textbook for use in the public schools
from any textbook publisher that fails to furnish any computer diskettes as
required under Section 28-21.
(Source: P.A. 87-1071.)
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105 ILCS 5/10-20.9
(105 ILCS 5/10-20.9)
Sec. 10-20.9. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/10-20.9a
(105 ILCS 5/10-20.9a) (from Ch. 122, par. 10-20.9a)
Sec. 10-20.9a.
Final Grade; Promotion.
(a) Teachers shall
administer the approved
marking system or other approved means of evaluating pupil progress. The
teacher shall maintain the responsibility and right to determine grades and
other evaluations of students within the grading policies of the district
based upon his or her professional judgment of available criteria pertinent
to any given subject area or activity for which he or she is responsible.
District policy shall provide the procedure and reasons by and for which
a grade may be changed; provided that no grade or evaluation shall be
changed without notification to the teacher concerning the nature and
reasons for such change. If such a change is made, the person
making
the change shall assume such responsibility for determining the grade or
evaluation, and shall initial such change.
(b) School districts shall not promote students to the next
higher grade level based upon age or any other social reasons not related to
the academic performance of the students. On or before September 1, 1998,
school boards shall adopt and enforce a policy on promotion as they deem necessary to ensure that students
meet
local goals and objectives and can perform at the expected grade level prior to
promotion.
Decisions to promote or retain students in any classes shall be based on
successful completion of the curriculum, attendance, performance based on
Illinois Goals and Assessment Program tests, the Iowa Test of Basic Skills, or
other testing or any other criteria established by the school board. Students
determined by the local district to not qualify for promotion to the next
higher grade shall be provided remedial assistance, which may include, but
shall not be limited to, a summer bridge program of no less than 90 hours,
tutorial sessions, increased or concentrated instructional time, modifications
to instructional materials, and retention in grade.
(Source: P.A. 89-610, eff. 8-6-96; 90-548, eff. 1-1-98.)
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105 ILCS 5/10-20.12
(105 ILCS 5/10-20.12) (from Ch. 122, par. 10-20.12)
Sec. 10-20.12. School year - School age. To establish and keep in
operation in each year during a school term of at least the minimum length
required by Section 10-19, a sufficient number of free schools for the
accommodation of all persons in the district who are 5 years of age or
older but under 21 years of age, and to secure for all such persons the
right and opportunity to an equal education in such schools; provided that (i)
children who will attain the age of 5 years on or before September 1 of the
year of the 1990-1991 school term and each school term thereafter may
attend school upon the commencement of such term and (ii) based upon an assessment of the child's readiness, children who have attended a non-public preschool and continued their education at that school through kindergarten, were taught in kindergarten by an appropriately certified teacher, and will attain the age of 6 years on or before December 31 of the year of the 2009-2010 school term and each school term thereafter may attend first grade upon commencement of such term. Based upon an assessment
of a child's readiness to attend school, a school district may permit a
child to attend school prior to the dates contained in this Section. In any
school district operating on a full year school basis children who will
attain age 5 within 30 days after the commencement of a term may attend
school upon the commencement of such term and, based upon an assessment of the child's readiness, children who have attended a non-public preschool and continued their education at that school through kindergarten, were taught in kindergarten by an appropriately certified teacher, and will attain age 6 within 4 months after the commencement of a term may attend first grade upon the commencement of such term. The school district may, by
resolution of its board, allow for a full year school plan.
(Source: P.A. 96-864, eff. 1-21-10.)
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105 ILCS 5/10-20.12a
(105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
Sec. 10-20.12a. Tuition for non-resident pupils. (a) To charge non-resident pupils who attend the schools of the district
tuition in an amount not exceeding 110% of the per capita
cost of maintaining the schools of the district for the preceding school year.
Such per capita cost shall be computed by dividing the total cost of
conducting and maintaining the schools of the district by the average daily
attendance, including tuition pupils. Depreciation on the buildings and
equipment of the schools of the district, and the amount of annual
depreciation on such buildings and equipment shall be dependent upon the
useful life of such property.
The tuition charged shall in no case exceed 110% of the per capita
cost of conducting and maintaining the schools of the district attended, as
determined
with reference to the most recent audit prepared under Section 3-7 which is
available at the commencement of the current school year.
Non-resident pupils attending the schools of the district
for less than the
school term shall have their tuition apportioned, however pupils who become
non-resident during a school term shall not be charged tuition for the
remainder of the school term in which they became non-resident pupils.
(b) Unless otherwise agreed to by the parties involved and where the
educational services are not otherwise provided for, educational services
for an Illinois student under the age of 21 (and not eligible for services pursuant to Article 14 of this Code) in any residential program
shall be provided by
the district in which the facility is located and financed as follows. The
cost of educational services shall be paid by the district in which the
student resides in an amount equal to the cost of providing educational
services in the residential facility. Payments shall be made by the district
of the student's residence and shall be made to the district wherein the
facility is located no less than once per month unless otherwise agreed to
by the parties. The funding provision of this subsection (b) applies to all Illinois students under the age of 21 (and not eligible for services pursuant to Article 14 of this Code) receiving educational services in residential facilities, irrespective of whether the student was placed therein pursuant to this Code or the Juvenile Court Act of 1987 or by an Illinois public agency or a court. The changes to this subsection (b) made by this amendatory Act of the 95th General Assembly apply to all placements in effect on July 1, 2007 and all placements thereafter. For purposes of this subsection (b), a student's district of residence shall be determined in accordance with subsection (a) of Section 10-20.12b of this Code. The placement of a student in a residential facility shall not affect the residency of the student. When a dispute arises over the determination of the district of residence under this subsection (b), any person or entity, including without limitation a school district or residential facility, may make a written request for a residency decision to the State Superintendent of Education, who, upon review of materials submitted and any other items or information he or she may request for submission, shall issue his or her decision in writing. The decision of the State Superintendent of Education is final.
(Source: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.)
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105 ILCS 5/10-20.12b
(105 ILCS 5/10-20.12b)
Sec. 10-20.12b. Residency; payment of tuition; hearing; criminal penalty.
(a) For purposes of this Section:
(1) The residence of a person who has legal custody |
| of a pupil is deemed to be the residence of the pupil.
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(2) "Legal custody" means one of the following:
(i) Custody exercised by a natural or adoptive
| | parent with whom the pupil resides.
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(ii) Custody granted by order of a court of
| | competent jurisdiction to a person with whom the pupil resides for reasons other than to have access to the educational programs of the district.
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(iii) Custody exercised under a statutory
| | short-term guardianship, provided that within 60 days of the pupil's enrollment a court order is entered that establishes a permanent guardianship and grants custody to a person with whom the pupil resides for reasons other than to have access to the educational programs of the district.
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(iv) Custody exercised by an adult caretaker
| | relative who is receiving aid under the Illinois Public Aid Code for the pupil who resides with that adult caretaker relative for purposes other than to have access to the educational programs of the district.
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(v) Custody exercised by an adult who
| | demonstrates that, in fact, he or she has assumed and exercises legal responsibility for the pupil and provides the pupil with a regular fixed night-time abode for purposes other than to have access to the educational programs of the district.
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(a-5) If a pupil's change of residence is due to the military service obligation of a person who has legal custody of the pupil, then, upon the written request of the person having legal custody of the pupil, the residence of the pupil is deemed for all purposes relating to enrollment (including tuition, fees, and costs), for the duration of the custodian's military service obligation, to be the same as the residence of the pupil immediately before the change of residence caused by the military service obligation. A school district is not responsible for providing transportation to or from school for a pupil whose residence is determined under this subsection (a-5). School districts shall facilitate re-enrollment when necessary to comply with this subsection (a-5).
(b) Except as otherwise provided under Section 10-22.5a, only resident
pupils of a school district may attend the schools of the district without
payment of the tuition required to be charged under Section 10-20.12a.
However, children for whom the Guardianship Administrator of the Department of
Children and Family Services has been appointed temporary custodian or guardian
of the person of a child shall not be charged tuition as a nonresident pupil if
the child was placed by the Department of Children and Family Services with a
foster parent or placed in another type of child care facility and the foster
parent or child care facility is located in a school district other than
the child's former school district and it is determined by the Department of
Children and Family Services to be in the child's
best interest to maintain attendance at his or her former school district.
(c) The provisions of this subsection do not apply in school districts
having a population of 500,000 or more.
If a school board in a school district with a population of less than
500,000 determines that a pupil who is attending school in
the district on a tuition free basis is a nonresident of the district for whom
tuition is required to be charged under Section 10-20.12a, the board shall
notify the person who enrolled the pupil of the amount of the tuition
charged under Section 10-20.12a that is due to the district for the nonresident
pupil's attendance in the district's schools. The notice shall be given by
certified mail, return receipt requested. Within 10 days after receipt of the
notice, the person who enrolled the pupil may request a hearing to
review the determination of the school board. The request shall be sent by
certified mail, return receipt requested, to the district superintendent.
Within 10 days after receipt of the request, the board shall notify, by
certified mail, return receipt requested, the person requesting the hearing of
the time and place of the hearing, which shall be held not less than 10 nor
more than 20 days after the
notice of hearing is given. The board or a hearing officer designated by the
board shall conduct the hearing. The board and the person who enrolled
the pupil may be represented at the hearing by representatives of their
choice. At the hearing, the person who enrolled the pupil shall have the
burden of going forward with the evidence concerning the pupil's residency. If
the hearing is conducted by a hearing officer, the hearing officer,
within 5 days after the conclusion of the hearing, shall send a written report
of his or her findings by certified mail, return receipt requested, to the
school board and to the person who enrolled the pupil.
The person who enrolled the pupil may, within 5 days
after receiving the findings, file written objections to the findings with the
school board by sending the objections by certified mail, return receipt
requested, addressed to the district superintendent.
Whether the hearing is conducted by the school board or a hearing officer, the
school board shall, within 15 days after the conclusion of the hearing, decide
whether or not the pupil is a resident of the district and the amount of any
tuition required to be charged under Section 10-20.12a as a result of the
pupil's attendance in the schools of the district. The school board shall send
a copy of its decision to the person who enrolled the
pupil, and the decision of the school board shall be final.
(c-5) The provisions of this subsection apply only in school districts
having a population of 500,000 or more. If the board of education of a school
district with a population of 500,000 or more determines that a pupil who is
attending school in the district on a tuition free basis is a nonresident of
the district for whom tuition is required to be charged under Section
10-20.12a, the board shall notify the person who enrolled the pupil of the
amount of the tuition charged under Section 10-20.12a that is due to the
district for the nonresident pupil's attendance in the district's schools. The
notice shall be given by certified mail, return receipt requested. Within 10
days after receipt of the notice, the person who enrolled the pupil may request
a hearing to review the determination of the school board. The request shall
be sent by certified mail, return receipt requested, to the district
superintendent. Within 30 days after receipt of the
request, the board shall notify, by certified mail, return receipt requested,
the person requesting the hearing of the time and place of the hearing, which
shall be held not less than 10 nor more than 30 days after the notice of
hearing is given. The board or a hearing officer designated by the board shall
conduct the hearing. The board and the person who enrolled the pupil may each
be represented at the hearing by a representative of their choice. At the
hearing, the person who enrolled the pupil shall have the burden of going
forward with the evidence concerning the pupil's residency. If the hearing is
conducted by a hearing officer, the hearing officer, within 20 days after the
conclusion of the hearing, shall serve a written report of his or her findings
by personal service or by certified mail, return receipt requested, to the
school board and to the person who enrolled the pupil. The person who enrolled
the pupil may, within 10 days after receiving the findings, file written
objections to the findings with the board of education by sending the
objections by certified mail, return receipt requested, addressed to the
general superintendent of schools. If the hearing is conducted by the board of
education, the board shall, within 45 days after the
conclusion of the hearing, decide whether or not the pupil is a resident of the
district and the amount of any tuition required to be charged under Section
10-20.12a as a result of the pupil's attendance in the schools of the district.
If the hearing is conducted by a hearing officer, the board of education
shall, within 45 days after the receipt of the hearing officer's findings,
decide whether or not the pupil is a resident of the district and the amount of
any tuition required to be charged under Section 10-20.12a as a result of the
pupil's attendance in the schools of the district. The board of education
shall send, by certified mail, return receipt requested, a copy of its decision
to the person who enrolled the pupil, and the decision of the board shall be
final.
(d) If a hearing is requested under subsection (c) or (c-5) to review
the determination of the school board or board of education that a nonresident pupil is attending the schools of the
district without payment of the tuition required to be charged under Section
10-20.12a, the pupil may, at the request of a person who enrolled
the pupil, continue attendance at the schools of the district pending a final
decision of the board following the hearing. However, attendance of
that pupil in the schools of the district as authorized by this subsection (d)
shall not relieve any person who enrolled the pupil of the obligation to pay
the tuition
charged for that attendance under Section 10-20.12a if the final decision of
the board is that the pupil is a nonresident of the district.
If a pupil is determined to be a nonresident of the district for whom tuition
is required to be charged pursuant to this Section, the board shall
refuse to permit the pupil to continue attending the schools of the district
unless the required tuition is paid for the pupil.
(e) Except for a pupil referred to in subsection (b) of Section 10-22.5a, a
pupil referred to in Section 10-20.12a, or a pupil referred to in subsection
(b) of this Section, a person who knowingly enrolls or
attempts to enroll in the schools of a school district on a tuition free basis
a pupil known by that person to be a nonresident of the district shall be
guilty of a Class C misdemeanor.
(f) A person who knowingly or wilfully presents to any school district any
false information regarding the residency of a pupil for the purpose of
enabling that pupil to attend any school in that district without the payment
of a nonresident tuition charge shall be guilty of a Class C misdemeanor.
(g) The provisions of this Section are subject to the provisions of the
Education for Homeless Children Act. Nothing in this Section shall be
construed to apply to or require the payment of tuition by a parent or guardian
of a "homeless child" (as that term is defined in Section 1-5 of the Education
for Homeless Children Act) in connection with or as a result of the homeless
child's continued education or enrollment in a school that is chosen in
accordance with any of the options provided in Section 1-10 of that Act.
(Source: P.A. 94-309, eff. 7-25-05.)
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105 ILCS 5/10-20.13
(105 ILCS 5/10-20.13) (from Ch. 122, par. 10-20.13)
Sec. 10-20.13. Textbooks for children of parents unable to buy them
and other fees. (a) To purchase, at the
expense of the district, a sufficient number of
textbooks for children whose parents are unable to buy them, including
but not limited to children living in households that meet the free lunch or breakfast eligibility guidelines established by the federal government pursuant to Section 1758 of the federal Richard B. Russell National School Lunch Act (42 U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to verification as set forth in subsection (c) of this Section. Such textbooks
shall be loaned only, and the directors shall require the teacher to see
that they are properly cared for and returned at the end of each term of
school.
(b) To waive all fees assessed by the district on children whose parents
are unable to afford them, including but not limited to children living in households that meet the free lunch or breakfast eligibility guidelines established by the federal government pursuant to Section 1758 of the federal Richard B. Russell National School Lunch Act (42 U.S.C. 1758; 7 C.F.R. 245 et seq.), subject to verification as set forth in subsection (c) of this Section.
The school board
shall adopt written policies and procedures for such waiver of fees in
accordance with regulations promulgated by the State Board of Education.
(c) Any school board that participates in a federally funded, school-based child nutrition program and uses a student's application for, eligibility for, or participation in the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R. 245 et seq.) as the basis for waiving fees assessed by the school district must follow the verification requirements of the federally funded, school-based child nutrition program (42 U.S.C. 1758; 7 C.F.R. 245.6a). A school board that establishes a process for the determination of eligibility for waiver of fees assessed by the school district that is completely independent of a student's application for, eligibility for, or participation in a federally funded, school-based child nutrition program may provide for fee waiver verification no more often than every 60 calendar days. Information obtained during the independent, fee waiver verification process indicating that the student does not meet free lunch or breakfast eligibility guidelines may be used to deny the waiver of the student's fees, provided that any information obtained through this independent process for determining or verifying eligibility for fee waivers shall not be used to determine or verify eligibility for any federally funded, school-based child nutrition program. (Source: P.A. 96-360, eff. 9-1-09.)
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105 ILCS 5/10-20.14
(105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
Sec. 10-20.14.
Student discipline policies; Parent-teacher advisory
committee.
(a) To establish and maintain
a parent-teacher advisory committee to develop with the school board
policy guidelines on pupil discipline, including school searches, to
furnish a copy of the
policy to the parents or guardian of each pupil within 15 days after
the beginning of the school year, or within 15 days after starting classes
for a pupil who transfers into the district during the school year, and to
require that each school informs its pupils of the contents of its policy.
School boards, along with the parent-teacher advisory committee, are
encouraged to annually review their pupil discipline policies, the
implementation of those policies, and any other factors related to the safety
of their
schools, pupils, and staff.
(b) The parent-teacher advisory
committee in cooperation with local law enforcement agencies shall develop,
with the school board, policy guideline procedures to
establish
and maintain a reciprocal reporting system between the school district and
local law enforcement agencies regarding criminal offenses committed by
students.
(c) The parent-teacher advisory committee, in cooperation with school bus
personnel, shall develop, with the school board, policy guideline procedures to
establish and maintain school bus safety procedures. These procedures shall be
incorporated into the district's pupil discipline policy.
(d) The school board, in consultation with the parent-teacher
advisory committee and other community-based organizations, must include
provisions in the student discipline
policy to address students who have demonstrated behaviors that put them at
risk for aggressive behavior, including without limitation bullying, as
defined in the policy. These provisions must include
procedures for notifying parents or legal guardians and
early intervention procedures
based upon available community-based and district resources.
(Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)
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105 ILCS 5/10-20.14a
(105 ILCS 5/10-20.14a) (from Ch. 122, par. 10-20.14a)
Sec. 10-20.14a.
Meal breaks for noncertificated employees.
To provide
each noncertificated employee who works 7 1/2 continuous hours or longer
with at least 30 minutes duty free for a meal break beginning no later than
5 hours after the start of the work period.
(Source: P.A. 84-1294.)
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105 ILCS 5/10-20.14b
(105 ILCS 5/10-20.14b) (from Ch. 122, par. 10-20.14b)
Sec. 10-20.14b.
Medications policy.
To develop a policy for administration
of medications in
schools, to
furnish a copy of the policy to the parents or guardians of each pupil
within 15 days after the beginning of each
school year,
or within 15 days after starting classes for a pupil who transfers into the
district,
and
to require that each school informs its
pupils of the contents of its policy.
(Source: P.A. 90-789, eff. 8-14-98.)
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105 ILCS 5/10-20.15
(105 ILCS 5/10-20.15) (from Ch. 122, par. 10-20.15)
Sec. 10-20.15.
Payment of teachers.
To pay no public money to any teacher unless the teacher at the time of
his employment held a certificate of qualification obtained under the
provisions of this Act, has kept and furnished schedules as required by
this Act, and has satisfactorily accounted for books, apparatus and other
property of the district that he may have taken in charge.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/10-20.15a
(105 ILCS 5/10-20.15a) (from Ch. 122, par. 10-20.15a)
Sec. 10-20.15a.
Federal Social Security or Medicare withholdings.
To
the extent that federal law allows such coverage, school districts shall
make Social Security or Medicare withholdings, or both, for employees
subject to Articles 16 and 17 of the "Illinois Pension Code" only upon the
approval of a referendum under Section 21-105 of that Act applicable to such employees.
(Source: P.A. 84-1334.)
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105 ILCS 5/10-20.16
(105 ILCS 5/10-20.16)
Sec. 10-20.16. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/10-20.17
(105 ILCS 5/10-20.17) (from Ch. 122, par. 10-20.17)
Sec. 10-20.17.
Water supply.
To provide for the schools in their districts an adequate, clear,
palatable, and safe supply of water for drinking purposes and for general
school use in accordance with Sections 2 and 8.1 of the Department of
Public Health Act.
(Source: P.A. 87-984.)
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105 ILCS 5/10-20.17a
(105 ILCS 5/10-20.17a) (from Ch. 122, par. 10-20.17a)
Sec. 10-20.17a.
Hazardous materials training.
To enhance the safety
of pupils and staff by providing in-service training programs on the safe
handling and use of hazardous or toxic materials for personnel in the district
who work with such materials on a regular basis. Such programs shall be
approved by the State Board of Education in consultation with the Illinois
Department of Public Health.
(Source: P.A. 84-1294.)
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105 ILCS 5/10-20.18
(105 ILCS 5/10-20.18) (from Ch. 122, par. 10-20.18)
Sec. 10-20.18.
(Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 89-159, eff. 1-1-96.)
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105 ILCS 5/10-20.19
(105 ILCS 5/10-20.19) (from Ch. 122, par. 10-20.19)
Sec. 10-20.19. Payment of orders. Subject to the provisions of Article
1B in the case of a school district receiving emergency State financial
assistance, the school board shall pay all orders in accordance with Section
10-18 of this Act, except as herein provided:
(1) It shall be lawful for the school board to submit |
| to the treasurer a certified copy of those portions of the board minutes, properly signed by the secretary and president, or a majority of the board, showing all bills approved for payment by the board and clearly showing to whom, and for what purpose each payment is to be made by the treasurer, and to what budgetary item each payment shall be debited, and such certified copy shall serve as full authority to the treasurer to make the payments as thus approved; this shall not preclude the use of a voucher system, or any other system of sound accounting and business procedure, provided that such system reflects the facts, and that the same is in accordance with the regulations prescribed by or approved by the Superintendent of Public Instruction.
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(2) It shall be lawful for the school board by
| | resolution to establish revolving funds for school cafeterias, lunch rooms, athletics, petty cash or similar purposes, provided such funds are in the custody of an employee who shall be bonded as provided in Article 8 of this Act for bonding school treasurers and who shall be responsible to the board and to the treasurer, subject to regular annual audit by licensed public accountants and other such examinations as the school board shall deem advisable and kept in accordance with regulations prescribed by the Superintendent of Public Instruction. A monthly report and an annual summary of all receipts and expenditures of the fund shall be submitted to the school board and the treasurer. All funds advanced by the treasurer to operate such revolving funds shall be carried on the treasurer's books as cash obligations due to the district and all receipts of such revolving funds shall be deposited daily in a bank or savings and loan association to be approved by the treasurer, unless there is no bank or savings and loan association in the community, in which event receipts shall be deposited intact not less than once each week in the bank or savings and loan association approved by the treasurer. All reimbursements to any such revolving funds from the district funds shall be completely itemized as to whom paid, for what purpose, and against what budgetary item the expenditure is chargeable.
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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 "An Act relating to certain investments of public funds by public agencies", approved July 23, 1943, as now or hereafter amended.
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(3) The school board shall establish rules and
| | regulations governing conditions under which school classes, clubs, and associations may collect or acquire funds in the name of any school; and, under such regulations as the Superintendent of Public Instruction may prescribe, provide for the safeguarding of such funds for the educational, recreational, or cultural purposes they are designed to serve.
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(4) It shall be lawful for the clerk or secretary of
| | the board to certify to the school treasurer the amount of the obligation for Social Security taxes as required by the Social Security Enabling Act and the amount of recurring bills, such as utility bills, showing the amount and to whom payment is to be made and what budgetary item or items the payment shall be debited from, and such certification shall serve as full authority to the treasurer to make such payment.
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(Source: P.A. 96-998, eff. 7-2-10.)
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105 ILCS 5/10-20.19a
(105 ILCS 5/10-20.19a) (from Ch. 122, par. 10-20.19a)
Sec. 10-20.19a.
Kindergartens.
After July 1, 1970, to establish and
maintain kindergartens for the instruction of children in accordance with
rules and regulations prescribed by the State Board of Education. Such
kindergartens may provide for either a 1/2 day or a full day of attendance
for pupils enrolled therein.
(Source: P.A. 84-18.)
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105 ILCS 5/10-20.19b
(105 ILCS 5/10-20.19b) (from Ch. 122, par. 10-20.19b)
Sec. 10-20.19b.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
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105 ILCS 5/10-20.19c
(105 ILCS 5/10-20.19c) (from Ch. 122, par. 10-20.19c)
Sec. 10-20.19c. Recycled paper and paper products and solid waste management.
(a) Definitions. As used in this Section, the following terms shall
have the meanings indicated, unless the context otherwise requires:
"Deinked stock" means paper that has been processed to remove inks,
clays, coatings, binders and other contaminants.
"High grade printing and writing papers" includes offset printing
paper, duplicator paper, writing paper (stationery), tablet paper, office
paper, note pads, xerographic paper, envelopes, form bond including
computer paper and carbonless forms, book papers, bond papers, ledger paper,
book stock and cotton fiber papers.
"Paper and paper products" means high grade printing and writing papers,
tissue products, newsprint, unbleached packaging and recycled paperboard.
"Postconsumer material" means only those products generated by a business
or consumer which have served their intended end uses, and which have been
separated or diverted from solid waste; wastes generated during the
production of an end product are excluded.
"Recovered paper material" means paper waste generated after the
completion of the papermaking process, such as postconsumer materials,
envelope cuttings, bindery trimmings, printing waste, cutting and
other converting waste, butt rolls, and mill wrappers, obsolete inventories,
and rejected unused stock. "Recovered paper material", however, does not
include fibrous waste generated during the manufacturing process such as
fibers recovered from waste water or trimmings of paper machine rolls (mill
broke), or fibrous byproducts of harvesting, extraction or woodcutting
processes, or forest residues such as bark.
"Recycled paperboard" includes paperboard products, folding cartons and
pad backings.
"Tissue products" includes toilet tissue, paper towels, paper napkins,
facial tissue, paper doilies, industrial wipers, paper bags and brown
papers. These products shall also be unscented and shall not be colored.
"Unbleached packaging" includes corrugated and fiber storage boxes.
(a-5) Each school district shall periodically review its procurement procedures and specifications related to the purchase of products and supplies. Those procedures and specifications must be modified as necessary to require the school district to seek out products and supplies that contain recycled materials and to ensure that purchased products and supplies are reusable, durable, or made from recycled materials, if economically and practically feasible. In selecting products and supplies that contain recycled material, preference must be given to products and supplies that contain the highest amount of recycled material and that are consistent with the effective use of the product or supply, if economically and practically feasible. (b) Wherever economically and practically feasible, as determined by the
school board, the school board, all public schools and
attendance centers within a school district, and their school supply stores
shall procure recycled paper and paper products as follows:
(1) Beginning July 1, 2008, at least 10% of the total |
| dollar value of paper and paper products purchased by school boards, public schools and attendance centers, and their school supply stores shall be recycled paper and paper products.
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(2) Beginning July 1, 2011, at least 25% of the total
| | dollar value of paper and paper products purchased by school boards, public schools and attendance centers, and their school supply stores shall be recycled paper and paper products.
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(3) Beginning July 1, 2014, at least 50% of the total
| | dollar value of paper and paper products purchased by school boards, public schools and attendance centers, and their school supply stores shall be recycled paper and paper products.
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(4) Beginning July 1, 2020, at least 75% of the total
| | dollar value of paper and paper products purchased by school boards, public schools and attendance centers, and their school supply stores shall be recycled paper and paper products.
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(5) Beginning upon the effective date of this
| | amendatory Act of 1992, all paper purchased by the board of education, public schools and attendance centers for publication of student newspapers shall be recycled newsprint. The amount purchased shall not be included in calculating the amounts specified in paragraphs (1) through (4).
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(c) Paper and paper products purchased from private sector vendors
pursuant to printing contracts are not considered paper and paper products
for the purposes of subsection (b), unless purchased under contract for
the printing of student newspapers.
(d)(1) Wherever economically and practically feasible, the recycled
paper and paper products referred to in subsection (b) shall contain
postconsumer or recovered paper materials as specified by paper category in
this subsection:
(i) Recycled high grade printing and writing paper
| | shall contain at least 50% recovered paper material. Such recovered paper material, until July 1, 2008, shall consist of at least 20% deinked stock or postconsumer material; and beginning July 1, 2008, shall consist of at least 25% deinked stock or postconsumer material; and beginning July 1, 2010, shall consist of at least 30% deinked stock or postconsumer material; and beginning July 1, 2012, shall consist of at least 40% deinked stock or postconsumer material; and beginning July 1, 2014, shall consist of at least 50% deinked stock or postconsumer material.
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(ii) Recycled tissue products, until July 1, 1994,
| | shall contain at least 25% postconsumer material; and beginning July 1, 1994, shall contain at least 30% postconsumer material; and beginning July 1, 1996, shall contain at least 35% postconsumer material; and beginning July 1, 1998, shall contain at least 40% postconsumer material; and beginning July 1, 2000, shall contain at least 45% postconsumer material.
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(iii) Recycled newsprint, until July 1, 1994, shall
| | contain at least 40% postconsumer material; and beginning July 1, 1994, shall contain at least 50% postconsumer material; and beginning July 1, 1996, shall contain at least 60% postconsumer material; and beginning July 1, 1998, shall contain at least 70% postconsumer material; and beginning July 1, 2000, shall contain at least 80% postconsumer material.
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(iv) Recycled unbleached packaging, until July 1,
| | 1994, shall contain at least 35% postconsumer material; and beginning July 1, 1994, shall contain at least 40% postconsumer material; and beginning July 1, 1996, shall contain at least 45% postconsumer material; and beginning July 1, 1998, shall contain at least 50% postconsumer material; and beginning July 1, 2000, shall contain at least 55% postconsumer material.
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(v) Recycled paperboard, until July 1, 1994, shall
| | contain at least 80% postconsumer material; and beginning July 1, 1994, shall contain at least 85% postconsumer material; and beginning July 1, 1996, shall contain at least 90% postconsumer material; and beginning July 1, 1998, shall contain at least 95% postconsumer material.
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(2) For the purposes of this Section, "postconsumer
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(i) paper, paperboard, and fibrous waste from
| | retail stores, office buildings, homes and so forth, after the waste has passed through its end usage as a consumer item, including used corrugated boxes, old newspapers, mixed waste paper, tabulating cards, and used cordage; and
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(ii) all paper, paperboard, and fibrous wastes
| | that are diverted or separated from the municipal waste stream.
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(3) For the purposes of this Section, "recovered
| | paper material" includes:
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(i) postconsumer material;
(ii) dry paper and paperboard waste generated
| | after completion of the papermaking process (that is, those manufacturing operations up to and including the cutting and trimming of the paper machine reel into smaller rolls or rough sheets), including envelope cuttings, bindery trimmings, and other paper and paperboard waste resulting from printing, cutting, forming and other converting operations, or from bag, box and carton manufacturing, and butt rolls, mill wrappers, and rejected unused stock; and
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(iii) finished paper and paperboard from obsolete
| | inventories of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters or others.
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(e) Nothing in this Section shall be deemed to apply to art materials,
nor to any newspapers, magazines, text books, library books or other
copyrighted publications which are purchased or used by any school board or
any public school or attendance center within a school district, or which
are sold in any school supply store operated by or within any such school
or attendance center, other than newspapers written, edited or produced
by students enrolled in the school district, public school or attendance
center.
(e-5) Each school district shall periodically review its procedures on solid waste reduction regarding the management of solid waste generated by academic, administrative, and other institutional functions. Those waste reduction procedures must be designed to, when economically and practically feasible, recycle the school district's waste stream, including without limitation landscape waste, computer paper, and white office paper. School districts are encouraged to have procedures that provide for the investigation of potential markets for other recyclable materials that are present in the school district's waste stream. The waste reduction procedures must be designed to achieve, before July 1, 2020, at least a 50% reduction in the amount of solid waste that is generated by the school district.
(f) The State Board of Education, in coordination with the Departments of
Central Management Services and Commerce and Economic Opportunity, may adopt such
rules and regulations as it deems necessary
to assist districts in carrying out the provisions of this Section.
(Source: P.A. 94-793, eff. 5-19-06; 95-741, eff. 7-18-08.)
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105 ILCS 5/10-20.20
(105 ILCS 5/10-20.20) (from Ch. 122, par. 10-20.20)
Sec. 10-20.20. Protection from suit.
To indemnify and protect school districts, members of school boards, employees,
volunteer personnel authorized in Sections 10-22.34, 10-22.34a and
10-22.34b of this Code, mentors of certified staff as authorized in Article 21A and Sections 2-3.53a, 2-3.53b, and 34-18.33 of this Code,
and student teachers against civil rights damage claims and
suits, constitutional rights damage claims and suits and death and bodily
injury and property damage claims and suits, including defense thereof,
when damages are sought for negligent or wrongful acts alleged to have been
committed in the scope of employment or under the direction of the board or related to any mentoring services provided to certified staff of the school district.
Such indemnification and protection shall extend to persons who were
members of school boards, employees of school boards,
authorized volunteer personnel, mentors of certified staff, or student teachers at
the time of the incident from which a claim arises.
No agent may be afforded
indemnification or protection unless he was a member of a school board, an
employee of a board,
an authorized volunteer, a mentor of certified staff,
or a student teacher at the time of the incident from
which the claim arises.
(Source: P.A. 96-62, eff. 7-23-09.)
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105 ILCS 5/10-20.21
(105 ILCS 5/10-20.21)
Sec. 10-20.21. Contracts.
(a)
To award all contracts for
purchase of supplies and materials or work involving an expenditure in excess of $25,000 or a lower amount as required by board policy
to the lowest responsible bidder, considering conformity with
specifications, terms of delivery, quality and serviceability, after due
advertisement, except the following: (i) contracts for the services of
individuals possessing a high degree of professional skill where the
ability or fitness of the individual plays an important part; (ii)
contracts for the printing of finance committee reports and departmental
reports; (iii) contracts for the printing or engraving of bonds, tax
warrants and other evidences of indebtedness; (iv) contracts for the
purchase of perishable foods and perishable beverages; (v) contracts for
materials and work which have been awarded to the lowest responsible bidder
after due advertisement, but due to unforeseen revisions, not the fault of
the contractor for materials and work, must be revised causing expenditures
not in excess of 10% of the contract price; (vi)
contracts for the maintenance or servicing of, or provision of
repair parts for, equipment which are made with the manufacturer or
authorized service agent of that equipment where the provision of parts,
maintenance, or servicing can best be performed by the manufacturer or
authorized service agent; (vii) purchases and contracts for the use,
purchase, delivery, movement, or installation of data processing equipment,
software, or services and telecommunications and interconnect
equipment, software, and services; (viii) contracts for duplicating
machines and supplies; (ix) contracts for the purchase of natural gas when
the cost is less than that offered by a public utility; (x) purchases of
equipment previously owned by some entity other than the district
itself; (xi) contracts for repair, maintenance, remodeling, renovation, or
construction, or a single project involving an expenditure not to exceed
$50,000 and not involving a change or increase in the size, type, or extent
of an existing facility; (xii) contracts for goods or services procured
from another governmental agency; (xiii) contracts for goods or services
which are economically procurable from only one source, such as for the
purchase of magazines, books, periodicals, pamphlets and reports, and for
utility services such as water, light, heat, telephone or telegraph;
(xiv) where funds are expended in an emergency and such emergency
expenditure is approved by 3/4 of the members of the board; (xv) State master contracts authorized under Article 28A of this Code; and (xvi) contracts providing for the transportation of pupils, which contracts must be advertised in the same manner as competitive bids and awarded by first considering the bidder or bidders most able to provide safety and comfort for the pupils, stability of service, and any other factors set forth in the request for proposal regarding quality of service, and then price. However, at no time shall a cause of action lie against a school board for awarding a pupil transportation contract per the standards set forth in this subsection (a) unless the cause of action is based on fraudulent conduct. All competitive
bids for contracts involving an expenditure in excess of $25,000 or a lower amount as required by board policy must be
sealed by the bidder and must be opened by a member or employee of the
school board at a public bid opening at which the contents of the bids
must be announced. Each bidder must receive at least 3 days' notice of the
time and place of the bid opening. For purposes of this Section due
advertisement includes, but is not limited to, at least one public notice
at least 10 days before the bid date in a newspaper published in the
district, or if no newspaper is published in the district, in a newspaper
of general circulation in the area of the district. State master contracts and certified education purchasing contracts, as defined in Article 28A of this Code, are not subject to the requirements of this paragraph.
Under this Section, the acceptance of bids sealed by a bidder and the opening of these bids at a public bid opening may be permitted by an electronic process for communicating, accepting, and opening competitive bids. However, bids for construction purposes are prohibited from being communicated, accepted, or opened electronically. An electronic bidding process must provide for, but is not limited to, the following safeguards: (1) On the date and time certain of a bid opening, |
| the primary person conducting the competitive, sealed, electronic bid process shall log onto a specified database using a unique username and password previously assigned to the bidder to allow access to the bidder's specific bid project number.
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| (2) The specified electronic database must be on a
| | network that (i) is in a secure environment behind a firewall; (ii) has specific encryption tools; (iii) maintains specific intrusion detection systems; (iv) has redundant systems architecture with data storage back-up, whether by compact disc or tape; and (v) maintains a disaster recovery plan.
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It is the legislative intent of Public Act 96-841 to maintain the integrity of the sealed bidding process provided for in this Section, to further limit any possibility of bid-rigging, to reduce administrative costs to school districts, and to effect efficiencies in communications with bidders.
(b) To require, as a condition of any contract for goods and services,
that persons
bidding for and awarded a contract and all affiliates of the person collect and
remit
Illinois Use Tax on all sales of tangible personal property into the State of
Illinois in
accordance with the provisions of the Illinois Use Tax Act regardless of whether
the
person or affiliate is a "retailer maintaining a place of business within this
State" as
defined in Section 2 of the Use Tax Act. For purposes of this Section, the term
"affiliate"
means any entity that (1) directly, indirectly, or constructively controls
another entity, (2)
is directly, indirectly, or constructively controlled by another entity, or (3)
is subject to
the control of a common entity. For purposes of this subsection (b), an entity
controls
another entity if it owns, directly or individually, more than 10% of the
voting
securities
of that entity. As used in this subsection (b), the term "voting security"
means a security
that (1) confers upon the holder the right to vote for the election of members
of the board
of directors or similar governing body of the business or (2) is convertible
into, or entitles
the holder to receive upon its exercise, a security that confers such a right
to
vote. A
general partnership interest is a voting security.
To require that bids and contracts include a certification by the bidder
or
contractor that the bidder or contractor is not barred from bidding for or
entering into a
contract under this Section and that the bidder or contractor acknowledges that
the school
board may declare the contract void if the certification completed pursuant to
this
subsection (b) is false.
(b-5) To require all contracts and agreements that pertain to goods and services and that are intended to generate additional revenue and other remunerations for the school district in excess of $1,000, including without limitation vending machine contracts, sports and other attire, class rings, and photographic services, to be approved by the school board. The school board shall file as an attachment to its annual budget a report, in a form as determined by the State Board of Education, indicating for the prior year the name of the vendor, the product or service provided, and the actual net revenue and non-monetary remuneration from each of the contracts or agreements. In addition, the report shall indicate for what purpose the revenue was used and how and to whom the non-monetary remuneration was distributed.
(c) If the State education purchasing entity creates a master contract as defined in Article 28A of this Code, then the State education purchasing entity shall notify school districts of the existence of the master contract.
(d) In purchasing supplies, materials, equipment, or services that are not subject to subsection (c) of this Section, before a school district solicits bids or awards a contract, the district may review and consider as a bid under subsection (a) of this Section certified education purchasing contracts that are already available through the State education purchasing entity.
(Source: P.A. 96-392, eff. 1-1-10; 96-841, eff. 12-23-09; 96-1000, eff. 7-2-10; 97-951, eff. 8-13-12.)
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105 ILCS 5/10-20.21a (105 ILCS 5/10-20.21a)
Sec. 10-20.21a. Contracts for charter bus services. To award
contracts for providing charter bus services for the sole purpose of
transporting students regularly enrolled in grade 12 or below to or
from interscholastic athletic or interscholastic or school sponsored
activities.
All contracts for providing charter bus services for the sole
purpose of transporting students regularly enrolled in grade 12 or
below to or from interscholastic athletic or interscholastic or school
sponsored activities must contain clause (A) as
set forth below, except that a contract with an out-of-state company may
contain
clause (B), as set forth below, or clause (A). The clause must be set
forth in the body of the
contract in typeface of at least 12 points and all upper case letters:
(A) "ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY SERVICES ARE
PROVIDED:
(1) SUBMITTED THEIR FINGERPRINTS TO THE DEPARTMENT OF |
| STATE POLICE IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT OF STATE POLICE. THESE FINGERPRINTS SHALL BE CHECKED AGAINST THE FINGERPRINT RECORDS NOW AND HEREAFTER FILED IN THE DEPARTMENT OF STATE POLICE AND FEDERAL BUREAU OF INVESTIGATION CRIMINAL HISTORY RECORDS DATABASES. THE FINGERPRINT CHECK HAS RESULTED IN A DETERMINATION THAT THEY HAVE NOT BEEN CONVICTED OF COMMITTING ANY OF THE OFFENSES SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION 6-508 OF THE ILLINOIS VEHICLE CODE; AND
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|
(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
| | BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION, INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY AGENCY."
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|
(B) "NOT ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY SERVICES ARE
PROVIDED:
(1) SUBMITTED THEIR FINGERPRINTS TO THE DEPARTMENT OF
| | STATE POLICE IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT OF STATE POLICE. THESE FINGERPRINTS SHALL BE CHECKED AGAINST THE FINGERPRINT RECORDS NOW AND HEREAFTER FILED IN THE DEPARTMENT OF STATE POLICE AND FEDERAL BUREAU OF INVESTIGATION CRIMINAL HISTORY RECORDS DATABASES. THE FINGERPRINT CHECK HAS RESULTED IN A DETERMINATION THAT THEY HAVE NOT BEEN CONVICTED OF COMMITTING ANY OF THE OFFENSES SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION 6-508 OF THE ILLINOIS VEHICLE CODE; AND
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(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
| | BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION, INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY AGENCY."
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(Source: P.A. 95-331, eff. 8-21-07.)
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105 ILCS 5/10-20.22
(105 ILCS 5/10-20.22)
Sec. 10-20.22. (Repealed).
(Source: P.A. 77-530. Repealed by P.A. 94-600, eff. 8-16-05.)
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105 ILCS 5/10-20.23
(105 ILCS 5/10-20.23)
Sec. 10-20.23. (Repealed).
(Source: P.A. 77-533. Repealed by P.A. 94-600, eff. 8-16-05.)
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105 ILCS 5/10-20.24
(105 ILCS 5/10-20.24) (from Ch. 122, par. 10-20.24)
Sec. 10-20.24.
Part-time Attendance.
To accept in part-time attendance
in the regular education program of the district pupils enrolled in nonpublic
schools if there is sufficient space in the public school desired to be
attended. Request for attendance in the following school year must be
submitted by the nonpublic school principal to the public school before
May 1. Request may be made only to those public schools located in the
district where the child attending the nonpublic school resides.
To accept, pursuant to the provisions of Section 14-6.01, in part-time
attendance resident pupils of the types described in Sections 14-1.02 through
14-1.07 who are enrolled in nonpublic schools.
(Source: P.A. 80-1509.)
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105 ILCS 5/10-20.25
(105 ILCS 5/10-20.25)
Sec. 10-20.25. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/10-20.25a
(105 ILCS 5/10-20.25a) (from Ch. 122, par. 10-20.25a)
Sec. 10-20.25a.
Report of student statistics.
To report to the State
Board of Education the annual student dropout rate and number of students
who graduate from, transfer from or otherwise leave bilingual programs.
(Source: P.A. 84-662.)
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105 ILCS 5/10-20.26
(105 ILCS 5/10-20.26) (from Ch. 122, par. 10-20.26)
Sec. 10-20.26. Report of teacher dismissals. To send an annual report,
on or before October 15, to the State Board of Education which discloses
the number of probationary teachers and the number of teachers in contractual
continued service who have been dismissed or removed as a result of the
board's decision to decrease the number of teachers employed or to discontinue
any type of teaching service. The report will also list the number in each
teacher category which were subsequently reemployed by the board.
(Source: P.A. 96-734, eff. 8-25-09.)
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105 ILCS 5/10-20.27
(105 ILCS 5/10-20.27) (from Ch. 122, par. 10-20.27)
Sec. 10-20.27.
To file with the regional superintendent a list of all
unfilled teaching positions in the district by August 1 of each year, and
to report to the regional superintendent no less frequently than by the
first day of every month other than August, all teaching positions which, subsequent
to the filing of such list, become
vacant or are filled.
(Source: P.A. 83-503.)
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105 ILCS 5/10-20.28
(105 ILCS 5/10-20.28) (from Ch. 122, par. 10-20.28)
Sec. 10-20.28.
Cellular radio telecommunication devices.
(a) The General Assembly finds and declares that the educational
development of
all persons to the limits of their capacities is a fundamental goal of the
people of this State and that to achieve such goal it is essential to provide a
safe and secure learning environment within the public schools. While
recognizing that cellular radio telecommunication devices may be used for
inappropriate activities during school hours and on school property and may, on
occasion, cause disruption to the classroom environment, the General Assembly
also recognizes that the use of cellular radio telecommunication devices can
decrease the response time of officials to emergency situations. In addition,
cellular radio telecommunication devices allow parents an additional and timely
method of contacting their children should an emergency situation arise.
Therefore, it is the purpose and intention of the General Assembly in enacting
this legislation to (i) reduce the occurrence of inappropriate and disruptive
activities during school hours and on school property occurring through the use
of cellular radio telecommunication devices and (ii) increase the safety of
students and school personnel during school hours and on school property.
(b) The school board may establish appropriate rules and
disciplinary procedures governing the use or possession of cellular radio
telecommunication devices by a student while in a school or on school property,
during regular school hours, or at any other time.
(Source: P.A. 92-793, eff. 8-9-02.)
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105 ILCS 5/10-20.29
(105 ILCS 5/10-20.29)
Sec. 10-20.29. (Repealed).
(Source: P.A. 88-71. Repealed by P.A. 96-734, eff. 8-25-09.)
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105 ILCS 5/10-20.30
(105 ILCS 5/10-20.30)
Sec. 10-20.30.
No pass-no play policy.
Beginning with the 1998-99 school
year, the school board of each school
district that maintains any of grades 9 through 12 shall establish, implement,
and enforce a uniform and consistent policy under which a student in any of
those grades who fails to maintain a specified minimum grade point average or a
specified minimum grade in each course in which the student is enrolled or both
is suspended from further participation in any school-sponsored or
school-supported athletic or extracurricular activities for a specified period
or until a specified minimum grade point average or minimum grade or both are
earned by the student. Each school board shall adopt a policy as required by
this Section not later than one year after the effective date of this
amendatory Act of 1997 and shall concurrently file a copy of that policy with
the State Board of Education. After the policy has been in effect for one
year, the school board shall file a report with the
State Board of Education setting forth the number and length of suspensions
imposed under the policy during the period covered by the report.
If the school board already has a policy that is consistent with the
requirements of this Section in effect on the effective date of this amendatory
Act of 1997,
it shall file a copy of that policy with the State Board of Education within 90
days after the effective date of this amendatory Act and shall file the annual
report required under this Section 12 months thereafter.
(Source: P.A. 90-548, eff. 1-1-98.)
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105 ILCS 5/10-20.31
(105 ILCS 5/10-20.31)
Sec. 10-20.31.
Occupational standards.
A school board shall not require
a student to meet occupational standards for grade level promotion or
graduation unless that student is voluntarily enrolled in a job training
program.
(Source: P.A. 91-175, eff. 1-1-00; 92-16, eff. 6-28-01.)
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105 ILCS 5/10-20.32
(105 ILCS 5/10-20.32)
Sec. 10-20.32. (Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 94-600, eff. 8-16-05.)
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105 ILCS 5/10-20.33
(105 ILCS 5/10-20.33)
Sec. 10-20.33.
Time out and physical restraint.
Until
rules are adopted under Section 2-3.130 of this Code, the use
of any of the following rooms or enclosures for time out purposes is
prohibited:
(1) a locked room other than one with a locking |
| mechanism that engages only when a key or handle is being held by a person;
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(2) a confining space such as a closet or box;
(3) a room where the student cannot be continually
| |
(4) any other room or enclosure or time out procedure
| | that is contrary to current guidelines of the State Board of Education.
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The use of physical restraints is prohibited except when (i) the student
poses a physical risk to himself, herself, or others, (ii) there is no medical
contraindication to its use, and (iii) the staff applying the restraint have
been trained in its safe application. For the purposes of this Section,
"restraint" does not include momentary periods of physical restriction by
direct person-to-person contact, without the aid of material or mechanical
devices, accomplished with limited force and that are designed (i) to prevent a
student from completing an act that would result in potential physical harm to
himself, herself, or another or damage to property or (ii) to remove a
disruptive student who is unwilling to voluntarily leave the area. The use of
physical restraints that meet the requirements of this Section may be included
in a student's individualized education plan where deemed appropriate by the
student's individualized education plan team. Whenever physical restraints are
used, school personnel shall fully document the incident, including the events
leading up to the incident, the type of restraint used, the length of time the
student is restrained, and the staff involved. The parents or guardian of
a student shall be informed whenever physical restraints are used.
(Source: P.A. 91-600, eff. 8-14-99; 92-16, eff. 6-28-01.)
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105 ILCS 5/10-20.34
(105 ILCS 5/10-20.34)
Sec. 10-20.34.
Medicaid-eligible children; health care resources.
As authorized by federal law, a school district may access federally funded
health
care resources if the school district
provides early periodic screening and diagnostic testing services,
including screening and diagnostic services, health care and treatment,
preventive health care, or any other measure, to correct or improve
health impairments of Medicaid-eligible children.
(Source: P.A. 91-842, eff. 6-22-00.)
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105 ILCS 5/10-20.35
(105 ILCS 5/10-20.35)
Sec. 10-20.35. Medical information form for bus drivers and
emergency medical technicians. School districts are encouraged to
create and use an emergency medical information form for bus drivers and
emergency medical technicians for those students with special needs or
medical conditions. The form may include without
limitation
information to be provided by the student's parent or legal guardian
concerning the student's relevant medical conditions, medications that
the student is taking, the student's communication skills, and how a
bus driver or an emergency medical technician is to respond to
certain behaviors of the student. If the form is used, the school
district is encouraged to notify parents and legal guardians of the
availability of the form. The parent or legal guardian of the student may fill
out the
form and submit it to the school that the student is attending. The
school district is encouraged to keep one copy of the form on file at the
school and another copy on the student's school bus in a secure location.
(Source: P.A. 95-331, eff. 8-21-07.)
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105 ILCS 5/10-20.36
(105 ILCS 5/10-20.36)
Sec. 10-20.36. Psychotropic or psychostimulant medication;
disciplinary
action.
(a) In this Section:
"Psychostimulant medication" means medication that produces increased
levels of mental and physical energy and alertness and an elevated mood
by stimulating the central nervous system.
"Psychotropic medication" means psychotropic medication as
defined in Section 1-121.1 of the Mental Health and Developmental
Disabilities Code.
(b) Each school
board
must adopt and implement a policy that prohibits any disciplinary action
that is based totally or in part on the refusal of a student's parent or
guardian to administer or consent to the administration of
psychotropic or psychostimulant medication to the student.
The policy must require that, at least once every 2 years, the in-service
training of certified school personnel and administrators include training
on current best practices regarding the identification and treatment of
attention deficit disorder and attention deficit hyperactivity disorder, the
application of non-aversive behavioral interventions in the school
environment, and the use of psychotropic or psychostimulant medication for
school-age children.
(c) This Section does not prohibit school medical staff, an
individualized educational program team, or a professional worker (as defined
in Section 14-1.10 of this Code)
from recommending that a
student be evaluated by an appropriate medical practitioner or prohibit
school personnel from consulting with the practitioner with the consent
of the student's parents or guardian.
(Source: P.A. 95-331, eff. 8-21-07.)
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105 ILCS 5/10-20.37
(105 ILCS 5/10-20.37)
Sec. 10-20.37. Summer kindergarten. A school board may
establish, maintain, and operate, in connection with the kindergarten
program of the school district, a summer kindergarten program that
begins 2 months before the beginning of the regular school year and a
summer kindergarten program for grade one readiness for those pupils
making unsatisfactory progress during the regular kindergarten session
that will continue for 2 months after the regular school year. The
summer kindergarten program may be held within the school district or,
pursuant to a contract that must be approved by the State Board of
Education, may be operated by 2 or more adjacent school districts or by a
public or private university or college. Transportation for students attending
the summer kindergarten program shall be the responsibility of the school
district. The expense of establishing, maintaining, and operating the summer
kindergarten program may be paid from funds contributed or otherwise made
available to the school district for that purpose by federal or State
appropriation.
(Source: P.A. 95-331, eff. 8-21-07.)
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105 ILCS 5/10-20.38
(105 ILCS 5/10-20.38)
Sec. 10-20.38. Provision of student information
prohibited. A school district, including its agents, employees, student or alumni associations, or any affiliates, may not provide a student's name, address,
telephone number, social security number, e-mail address, or other personal
identifying information to a business organization or financial institution
that issues credit or debit cards.
(Source: P.A. 95-331, eff. 8-21-07; 96-261, eff. 1-1-10.)
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105 ILCS 5/10-20.39 (105 ILCS 5/10-20.39) Sec. 10-20.39. Highly qualified teachers; No Child Left Behind Act funds. If a school district has an overall shortage of highly qualified teachers, as defined by the federal No Child Left Behind Act of 2001 (Public Law 107-110), or a shortage of highly qualified teachers in the subject area of mathematics, science, reading, or special education, then the school board must spend at least 40% of the money it receives from Title 2 grants under the Act on recruitment and retention initiatives to assist in recruiting and retaining highly qualified teachers (in a specific subject area if applicable) as specified in paragraphs (1)(B), (2)(A), (2)(B), (4)(A), (4)(B), and (4)(C) of subsection (a) of Section 2123 of the Act until there is no longer a shortage of highly qualified teachers (in a specific subject area if applicable). As the number of highly qualified teachers in the district increases, however, the school board may spend any surplus of the minimum 40% of funds dedicated to addressing the highly qualified teacher shortage in any manner the school board deems appropriate.
(Source: P.A. 93-997, eff. 8-23-04.)|
105 ILCS 5/10-20.40 (105 ILCS 5/10-20.40) Sec. 10-20.40. Student biometric information. (a) For the purposes of this Section, "biometric information" means any information that is collected through an identification process for individuals based on their unique behavioral or physiological characteristics, including fingerprint, hand geometry, voice, or facial recognition or iris or retinal scans. (b) School districts that collect biometric information from students shall adopt policies that require, at a minimum, all of the following: (1) Written permission from the individual who has |
| legal custody of the student, as defined in Section 10-20.12b of this Code, or from the student if he or she has reached the age of 18.
|
| (2) The discontinuation of use of a student's
| | biometric information under either of the following conditions:
|
| (A) upon the student's graduation or withdrawal
| | from the school district; or
|
| (B) upon receipt in writing of a request for
| | discontinuation by the individual having legal custody of the student or by the student if he or she has reached the age of 18.
|
| (3) The destruction of all of a student's biometric
| | information within 30 days after the use of the biometric information is discontinued in accordance with item (2) of this subsection (b).
|
| (4) The use of biometric information solely for
| | identification or fraud prevention.
|
| (5) A prohibition on the sale, lease, or other
| | disclosure of biometric information to another person or entity, unless:
|
| (A) the individual who has legal custody of the
| | student or the student, if he or she has reached the age of 18, consents to the disclosure; or
|
| (B) the disclosure is required by court order.
(6) The storage, transmittal, and protection of all
| | biometric information from disclosure.
|
| (c) Failure to provide written consent under item (1) of subsection (b) of this Section by the individual who has legal custody of the student or by the student, if he or she has reached the age of 18, must not be the basis for refusal of any services otherwise available to the student.
(d) Student biometric information may be destroyed without notification to or the approval of a local records commission under the Local Records Act if destroyed within 30 days after the use of the biometric information is discontinued in accordance with item (2) of subsection (b) of this Section.
(Source: P.A. 95-232, eff. 8-16-07; 95-793, eff. 1-1-09; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09.)
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105 ILCS 5/10-20.41 (105 ILCS 5/10-20.41) Sec. 10-20.41. Use of facilities by community organizations. School boards are encouraged to allow community organizations to use school facilities during non-school hours. If a school board allows a community organization to use school facilities during non-school hours, the board must adopt a formal policy governing the use of school facilities by community organizations during non-school hours. The policy shall prohibit such use if it interferes with any school functions or the safety of students or school personnel or affects the property or liability of the school district.
(Source: P.A. 95-308, eff. 8-20-07; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09.)|
105 ILCS 5/10-20.42 (105 ILCS 5/10-20.42) Sec. 10-20.42. Wind and solar farms. A school district may own and operate a wind or solar generation turbine farm, either individually or jointly with a unit of local government, school district, or community college district that is authorized to own and operate a wind or solar generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the school district. The school district may ask for the assistance of any State agency, including without limitation the State Board of Education, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind or solar generation turbine farm.
(Source: P.A. 95-390, eff. 8-23-07; 95-805, eff. 8-12-08; 95-876, eff. 8-21-08; 96-725, eff. 8-25-09.)|
105 ILCS 5/10-20.43 (105 ILCS 5/10-20.43)
Sec. 10-20.43. School facility occupation tax fund. All proceeds received by a school district from a distribution under Section 3-14.31 must be maintained in a special fund known as the school facility occupation tax fund. The district may use moneys in that fund only for school facility purposes, as that term is defined under Section 5-1006.7 of the Counties Code.
(Source: P.A. 97-813, eff. 7-13-12.)|
105 ILCS 5/10-20.44 (105 ILCS 5/10-20.44) Sec. 10-20.44. Report on contracts. (a) This Section applies to all school districts, including a school district organized under Article 34 of this Code. (b) A school board must
list on the district's Internet website, if any, all contracts
over $25,000 and any contract that the school board enters into
with an exclusive bargaining representative. (c) Each year, in conjunction with the submission of the Statement of Affairs to the State Board of Education prior to December 1, provided for in Section 10-17, each school district shall submit to the State Board of Education an annual report on all contracts over $25,000 awarded by the school district during the previous fiscal year. The report shall include at least the following: (1) the total number of all contracts awarded by the |
| (2) the total value of all contracts awarded;
(3) the number of contracts awarded to minority owned
| | businesses, female owned businesses, and businesses owned by persons with disabilities, as defined in the Business Enterprise for Minorities, Females and Persons with Disabilities Act, and locally owned businesses; and
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| (4) the total value of contracts awarded to minority
| | owned businesses, female owned businesses, and businesses owned by persons with disabilities, as defined in the Business Enterprise for Minorities, Females and Persons with Disabilities Act, and locally owned businesses.
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| The report shall be made available to the public, including publication on the school district's Internet website, if any.
(Source: P.A. 95-707, eff. 1-11-08; 96-328, eff. 8-11-09.)
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105 ILCS 5/10-20.45 (105 ILCS 5/10-20.45)
Sec. 10-20.45. Pay for performance.
(a) Beginning with all newly-negotiated collective bargaining agreements entered into after the effective date of this amendatory Act of the 95th General Assembly, a school board and the exclusive bargaining representative, if any, may include a performance-based teacher compensation plan in the subject of its collective bargaining agreement. Nothing in this Section shall preclude the school board and the exclusive bargaining representative from agreeing to and implementing a new performance-based teacher compensation plan prior to the termination of the current collective bargaining agreement. (b) The new teacher compensation plan bargained and agreed to by the school board and the exclusive bargaining representative under subsection (a) of this Section shall provide certificated personnel with base salaries and shall also provide that any increases in the compensation of individual teachers or groups of teachers beyond base salaries shall be pursuant, but not limited to, any of the following elements: (1) Superior teacher evaluations based on multiple |
| evaluations of their classroom teaching.
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| (2) Evaluation of a teacher's student classroom-level
| | achievement growth as measured using a value-added model. "Value-added" means the improvement gains in student achievement that are made each year based on pre-test and post-test outcomes.
|
| (3) Evaluation of school-level achievement growth as
| | measured using a value-added model. "Value-added" means the improvement gains in student achievement that are made each year based on pre-test and post-test outcomes.
|
| (4) Demonstration of superior, outstanding
| | performance by an individual teacher or groups of teachers through the meeting of unique and specific teaching practice objectives defined and agreed to in advance in any given school year.
|
| (5) Preparation for meeting and contribution to the
| | broader needs of the school organization (e.g., curriculum development, family liaison and community outreach, implementation of a professional development program for faculty, and participation in school management).
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| (c) A school board and exclusive bargaining representative that initiate their own performance-based teacher compensation program shall submit the new plan to the State Board of Education for review not later than 150 days before the plan is to become effective. If the plan does not conform to this Section, the State Board of Education shall return the plan to the school board and the exclusive bargaining representative for modification. The school board and the exclusive bargaining representative shall then have 30 days after the plan is returned to them to submit a modified plan.
(Source: P.A. 95-707, eff. 1-11-08; 96-328, eff. 8-11-09.)
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105 ILCS 5/10-20.46 (105 ILCS 5/10-20.46)
Sec. 10-20.46. Veterans' Day; moment of silence. If a school holds any type of event at the school on November 11, Veterans' Day, the school board shall require a moment of silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11.)|
105 ILCS 5/10-20.47 (105 ILCS 5/10-20.47) Sec. 10-20.47. Administrator and teacher salary and benefits; report. Each school board shall report to the State Board of Education, on or before October 1 of each year, the base salary and benefits of the district superintendent and all administrators and teachers employed by the school district. For the purposes of this Section, "benefits" includes without limitation vacation days, sick days, bonuses, annuities, and retirement enhancements.
Prior to this annual reporting to the State Board of Education, the information must be presented at a regular school board meeting, subject to applicable notice requirements, and then posted on the Internet website of the school district, if any. (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-256, eff. 1-1-12.)|
105 ILCS 5/10-20.48 (105 ILCS 5/10-20.48) Sec. 10-20.48. Radon testing. (a) It is recommended that every occupied school building of a school district be tested every 5 years for radon pursuant to rules established by the Illinois Emergency Management Agency (IEMA). (b) It is recommended that new schools of a school district be built using radon resistant new construction techniques, as shown in the United States Environmental Protection Agency document, Radon Prevention in the Design and Construction of Schools and Other Large Buildings. (c) Each school district may maintain, make available for review, and notify parents and faculty of test results under this Section. The district shall report radon test results to the State Board of Education, which shall prepare a report every 2 years of the results from all schools that have performed tests, to be submitted to the General Assembly and the Governor. (d) If IEMA exempts an individual from being required to be a licensed radon professional, the individual does not need to be a licensed radon professional in order to perform screening tests under this Section. A school district may elect to have one or more employees from the district attend an IEMA-approved, Internet-based training course on school testing in order to receive an exemption to conduct testing in that school district. These school district employees must perform the measurements in accordance with procedures approved by IEMA. If an exemption from IEMA is not received, the school district must use a licensed radon professional to conduct measurements. (e) If the results of a radon screening test under this Section are found to be 4.0 pCi/L or above, the school district may hire a licensed radon professional to perform measurements before any mitigation decisions are made. If radon levels of 4.0 pCi/L or above are found, it is recommended that affected areas be mitigated by a licensed radon mitigation professional with respect to both design and installation. IEMA may provide the school district with a list of licensed radon mitigation professionals. (f) A screening test under this Section may be done with a test kit found in a hardware store, department store, or home improvement store or with a kit ordered through the mail or over the Internet. However, the kit must be provided by a laboratory licensed in accordance with the Radon Industry Licensing Act.
(Source: P.A. 96-417, eff. 1-1-10; 96-1000, eff. 7-2-10.)|
105 ILCS 5/10-20.49 (105 ILCS 5/10-20.49) Sec. 10-20.49. Compliance with Chemical Safety Acts. Each school district must adopt a procedure to comply with the requirements of the Lawn Care Products Application and Notice Act and the Structural Pest Control Act. The school district must designate a staff person who is responsible for compliance with the requirements of these Acts.
(Source: P.A. 96-424, eff. 8-13-09; 96-1000, eff. 7-2-10.)|
105 ILCS 5/10-20.50
(105 ILCS 5/10-20.50)
Sec. 10-20.50. (Repealed).
(Source: P.A. 96-1000, eff. 7-2-10. Repealed by P.A. 97-256, eff. 1-1-12.)
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105 ILCS 5/10-20.51 (105 ILCS 5/10-20.51) Sec. 10-20.51. Press boxes; accessibility. A school board does not have to comply with the Illinois Accessibility Code (71 Ill. Adm. Code 400) with respect to accessibility to press boxes that are on school property if the press boxes are in bleachers that have points of entry at only one level, and the aggregate area of the press box is no more than 500 square feet.
(Source: P.A. 96-674, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-355, eff. 1-1-12.)|
105 ILCS 5/10-20.52 (105 ILCS 5/10-20.52) Sec. 10-20.52. American Sign Language courses. School boards are encouraged to implement American Sign Language courses into school foreign language curricula.
(Source: P.A. 96-843, eff. 6-1-10; 97-333, eff. 8-12-11.)|
105 ILCS 5/10-20.53 (105 ILCS 5/10-20.53) Sec. 10-20.53. Minimum reading instruction. Each school board shall promote 60 minutes of minimum reading opportunities daily for students in kindergarten through 3rd grade whose reading level is one grade level or lower than their current grade level according to current learning standards and the school district.
(Source: P.A. 97-88, eff. 7-8-11; 97-813, eff. 7-13-12.)|
105 ILCS 5/10-20.54 (105 ILCS 5/10-20.54) Sec. 10-20.54. Student athletes; concussions and head injuries. (a) The General Assembly recognizes all of the following: (1) Concussions are one of the most commonly reported |
| injuries in children and adolescents who participate in sports and recreational activities. The Centers for Disease Control and Prevention estimates that as many as 3,900,000 sports-related and recreation-related concussions occur in the United States each year. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death are significant when a concussion or head injury is not properly evaluated and managed.
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| (2) Concussions are a type of brain injury that can
| | range from mild to severe and can disrupt the way the brain normally works. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles. Concussions occur with or without loss of consciousness, but the vast majority of concussions occur without loss of consciousness.
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| (3) Continuing to play with a concussion or symptoms
| | of a head injury leaves a young athlete especially vulnerable to greater injury and even death. The General Assembly recognizes that, despite having generally recognized return-to-play standards for concussions and head injuries, some affected youth athletes are prematurely returned to play, resulting in actual or potential physical injury or death to youth athletes in this State.
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| (b) Each school board shall adopt a policy regarding student athlete concussions and head injuries that is in compliance with the protocols, policies, and by-laws of the Illinois High School Association. Information on the school board's concussion and head injury policy must be a part of any agreement, contract, code, or other written instrument that a school district requires a student athlete and his or her parents or guardian to sign before participating in practice or interscholastic competition.
(c) The Illinois High School Association shall make available to all school districts, including elementary school districts, education materials, such as visual presentations and other written materials, that describe the nature and risk of concussions and head injuries. Each school district shall use education materials provided by the Illinois High School Association to educate coaches, student athletes, and parents and guardians of student athletes about the nature and risk of concussions and head injuries, including continuing play after a concussion or head injury.
(Source: P.A. 97-204, eff. 7-28-11; 97-813, eff. 7-13-12.)
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105 ILCS 5/10-21
(105 ILCS 5/10-21) (from Ch. 122, par. 10-21)
Sec. 10-21.
Additional duties of board.
Boards of education in addition to the duties
enumerated above shall have the additional duties enumerated in Sections
10-21.1 through 10-21.11.
(Source: P.A. 86-21; 86-890; 86-1028.)
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105 ILCS 5/10-21.1
(105 ILCS 5/10-21.1) (from Ch. 122, par. 10-21.1)
Sec. 10-21.1.
Employment of teachers.
To examine teachers by examinations supplemental to any other
examinations and to employ teachers and fix the amount of their salaries
subject to limitations set forth in this Act. Provided, that in fixing
salaries of certificated employees school boards shall make no
discrimination on account of sex; provided, further, that sabbatical
leaves, with full or partial salary, may be granted in accordance with the
rules of the board.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/10-21.2
(105 ILCS 5/10-21.2) (from Ch. 122, par. 10-21.2)
Sec. 10-21.2.
Schools of different grades.
To establish schools of different grades and to adopt regulations for
the admission of pupils into them; however, in any district having less
than 2,000 inhabitants no grades above the eighth shall be maintained
unless they were maintained during the school year ended June 30, 1949.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/10-21.3
(105 ILCS 5/10-21.3) (from Ch. 122, par. 10-21.3)
Sec. 10-21.3.
Attendance units.
To establish one or more attendance units within the district. As soon
as practicable, and from time to time thereafter, the board shall change or
revise existing units or create new units in a manner which will take into
consideration the prevention of segregation and the elimination of
separation of children in public schools because of color, race or
nationality. All records pertaining to the creation, alteration or revision
of attendance units shall be open to the public.
(Source: Laws 1963, p. 1107.)
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105 ILCS 5/10-21.3a (105 ILCS 5/10-21.3a)
Sec. 10-21.3a. Transfer of students.
(a) Each school board shall establish and
implement a
policy governing the transfer of a student from one attendance center to
another within the
school district upon the request of the student's parent or guardian.
Any request by a parent or guardian to transfer his or her child from one
attendance
center to another
within the school district pursuant to Section 1116 of the federal Elementary
and
Secondary Education
Act of 1965 (20 U.S.C. Sec. 6316) must be made no later than 30 days after the
parent or guardian
receives notice of the right to transfer pursuant to that law.
A
student may not transfer to any of the following attendance centers, except by
change in
residence if the policy authorizes enrollment based on residence in an
attendance area
or unless approved by the board on an individual basis:
(1) An attendance center that exceeds or as a result |
| of the transfer would exceed its attendance capacity.
|
|
(2) An attendance center for which the board has
| | established academic criteria for enrollment if the student does not meet the criteria, provided that the transfer must be permitted if the attendance center is the only attendance center serving the student's grade that has not been identified for school improvement, corrective action, or restructuring under Section 1116 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6316).
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(3) Any attendance center if the transfer would
| | prevent the school district from meeting its obligations under a State or federal law, court order, or consent decree applicable to the school district.
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(b) Each school board shall establish and implement a policy governing the
transfer of students within a school district from a persistently dangerous
school to another public school in that district that is not deemed to be
persistently dangerous.
In order to be considered a persistently dangerous school, the
school must meet all of the following criteria for 2 consecutive years:
(1) Have greater than 3% of the students enrolled in
| | the school expelled for violence-related conduct.
|
|
(2) Have one or more students expelled for bringing a
| | firearm to school as defined in 18 U.S.C. 921.
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(3) Have at least 3% of the students enrolled in the
| | school exercise the individual option to transfer schools pursuant to subsection (c) of this Section.
|
|
(c) A student may transfer from one public school to
another public school in that district if the student is a victim of a violent
crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act.
The violent crime must have occurred on school grounds during regular school
hours or during a school-sponsored event.
(d) Transfers made pursuant to subsections (b) and (c) of this Section shall
be made in compliance with the federal No Child Left Behind Act of 2001 (Public
Law 107-110).
(Source: P.A. 96-328, eff. 8-11-09.)
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105 ILCS 5/10-21.4
(105 ILCS 5/10-21.4) (from Ch. 122, par. 10-21.4)
Sec. 10-21.4. Superintendent - Duties. Except in districts
in which there is only one school with less than four
teachers, to employ a superintendent who shall have charge
of the administration of the schools under the direction of
the board of education. In addition to the administrative
duties, the superintendent shall make recommendations to
the board concerning the budget, building plans, the
locations of sites, the selection, retention and dismissal of teachers
and all other employees, the selection of textbooks, instructional material
and courses of study.
However, in districts under a Financial Oversight Panel pursuant to
Section 1A-8 for violating a financial plan, the duties and responsibilities of
the superintendent in relation to the financial and business operations of the
district shall be approved by the Panel. In the event the Board refuses or
fails to follow a directive or comply with an information request of the Panel,
the performance of those duties shall be subject to the direction of the
Panel.
The superintendent shall also notify the State Board
of Education, the board and the chief administrative official, other than
the alleged perpetrator himself, in the school where the alleged
perpetrator serves, that any person who is employed in a school or
otherwise comes into frequent contact with children
in the school has been named as a perpetrator in an indicated report filed
pursuant to the Abused and Neglected Child Reporting Act, approved June 26,
1975, as amended. The superintendent shall keep or cause to be kept the
records and accounts as directed and required by the board, aid in making
reports required by the board, and perform such other duties as the board
may delegate to him.
In addition, each year at a time designated by the State Superintendent of Education,
each
superintendent shall report to the State Board of Education the number of high school students in the
district who are enrolled in accredited courses (for which high school
credit will be awarded upon successful completion of the courses) at any
community college, together with the name and number of the course or
courses which each such student is taking.
The provisions of this section shall also apply to
board of director districts.
Notice of intent not to renew
a contract must be given in writing stating the
specific reason therefor by April 1 of the contract
year unless the contract specifically provides otherwise.
Failure to do so will automatically extend the contract
for an additional year. Within 10 days after receipt of
notice of intent not to renew a contract, the superintendent
may request a closed session hearing on the dismissal. At the hearing the
superintendent has the privilege of presenting evidence, witnesses and
defenses on the grounds for dismissal.
The provisions of this paragraph shall not apply to a district under a
Financial Oversight Panel pursuant to Section 1A-8 for violating a financial
plan.
(Source: P.A. 97-256, eff. 1-1-12.)
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105 ILCS 5/10-21.4a
(105 ILCS 5/10-21.4a) (from Ch. 122, par. 10-21.4a)
Sec. 10-21.4a. Principals and assistant principals - Duties. To employ principals and assistant principals who hold
valid supervisory or administrative certificates. The principal, with the assistance of any assistant principals, shall supervise the
operation of attendance centers as the board shall determine necessary.
In an attendance center having fewer than 4 teachers, a head teacher who
does not qualify as a principal may be assigned in the place of a principal.
The principal, with the assistance of any assistant principals, shall assume administrative responsibilities and
instructional leadership, under the supervision of the superintendent,
and in accordance with reasonable rules and regulations of the board,
for the planning, operation and evaluation of the educational program of
the attendance area to which he or she is assigned.
However, in districts under a Financial Oversight Panel pursuant to
Section 1A-8 for violating a financial plan, the duties and responsibilities of
principals and assistant principals in relation to the financial and business operations of the
district shall be approved by the Panel. In the event the Board refuses or
fails to follow a directive or comply with an information request of the Panel,
the performance of those duties shall be subject to the direction of the
Panel.
School boards shall specify in their formal job description for
principals that his or her primary responsibility is in the improvement of
instruction. A majority of the time spent by a principal shall be spent on
curriculum and staff development through both formal and informal
activities, establishing clear lines of communication regarding school
goals, accomplishments, practices and policies with parents and teachers.
Unless residency within a school district is made an express condition of a
person's employment or continued employment as a principal or assistant principal of that school
district at the time of the person's initial employment as a principal or assistant principal of that
district, residency within that school district may not at any time thereafter
be made a condition of that person's employment or continued employment as a
principal or assistant principal of the district, without regard to whether the person's initial
employment as a principal or assistant principal of the district began before or begins on or after
the effective date of this amendatory Act of 1996 and without regard to whether
that person's residency within or outside of the district began or was changed
before or begins or changes on or after that effective date. In no event shall
residency within a school district be considered in determining the
compensation of a principal or assistant principal or the assignment or transfer of a principal or assistant principal to an
attendance center of the district.
School boards shall ensure that their principals and assistant principals are evaluated on their
instructional leadership ability and their ability to maintain a positive
education and learning climate.
It shall also be the responsibility of the principal to utilize resources
of proper law enforcement agencies when the safety and welfare of students
and teachers are threatened by illegal use of drugs and alcohol.
The principal shall submit recommendations to the superintendent
concerning the appointment, retention, promotion and assignment of all
personnel assigned to the attendance center.
(Source: P.A. 97-217, eff. 7-28-11.)
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105 ILCS 5/10-21.5
(105 ILCS 5/10-21.5) (from Ch. 122, par. 10-21.5)
Sec. 10-21.5.
Establishment of high schools.
The board of education of
any community high school district, township high school district,
consolidated high school district, or community unit district
heretofore created shall within 4 years from the date of such creation
establish within the district one or more high schools with a program of
studies extending through the ninth to twelfth years, inclusive, and in
such districts created hereafter the board of education shall within four
years following the creation of the district establish such high schools.
Notwithstanding any other provision of this Act, any unit district that
has a majority of its territory in the same county as a special charter
district that, as authorized by Section 12-24, accepts tuition students in
grades 9-12 from a neighboring unit district that does not maintain a high
school may, by agreement between the school board of the unit district and
the school board of the charter district, send its students in grades 9-12
to the charter district upon payment of such tuition and other terms as may
be agreed by the boards.
Except as otherwise provided in Section 5-32, if the board of
education fails to establish a high school as required by this section the
district shall become automatically dissolved and the property and
territory of such district shall be disposed of in the manner provided in
this Act, provided that no community high school district shall be
dissolved under this Act where an election has been held, a site selected,
and bonds to construct a high school building have been sold prior to September
1, 1955.
(Source: P.A. 87-1022.)
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105 ILCS 5/10-21.6
(105 ILCS 5/10-21.6)
Sec. 10-21.6. (Repealed).
(Source: P.A. 83-795. Repealed by P.A. 97-256, eff. 1-1-12.)
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105 ILCS 5/10-21.7
(105 ILCS 5/10-21.7) (from Ch. 122, par. 10-21.7)
Sec. 10-21.7.
Attacks on school personnel.
(a) In the Section, "school" means any public or private elementary or
secondary school.
(b) Upon receipt of a
written complaint from any school personnel, the superintendent, or other
appropriate administrative officer for a private school, shall
report all incidents of battery committed against teachers, teacher
personnel, administrative personnel or educational support
personnel to the local law enforcement
authorities immediately after the occurrence of
the attack
and to the Department of State Police's Illinois
Uniform Crime Reporting Program no later than 3 days after the
occurrence of the attack. The State Board of Education shall receive monthly
as well as annual statistical compilations of attacks on school personnel
from the Department of State Police through the
Illinois Uniform Crime Reporting Program.
The State Board of Education shall compile this information by school
district and make it available to the public.
(Source: P.A. 91-491, eff. 8-13-99.)
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105 ILCS 5/10-21.8
(105 ILCS 5/10-21.8) (from Ch. 122, par. 10-21.8)
Sec. 10-21.8.
Correspondence and Reports.
In the absence of any
court order to the contrary to require that, upon the
request of either parent of a pupil whose parents are divorced, copies of
the following: reports or records which reflect the pupil's academic
progress, reports of the pupil's emotional and physical health, notices of
school-initiated parent-teacher conference, notices of major
school-sponsored events, such as open houses, which involve pupil-parent
interaction, and copies of the school calendar regarding the child which
are furnished by the school district to one parent be furnished by mail to
the other parent. Notwithstanding the foregoing provisions of this
Section a school board shall not, under the authority of this Section, refuse
to mail copies of reports, records, notices or other documents regarding a
pupil to a parent of the pupil as provided by this Section, unless the
school board first has been furnished with a certified copy of the court
order prohibiting the release of such reports, records, notices or other
documents to that parent. No such reports or records with respect to a
pupil shall be provided to a parent who has been prohibited by an order of
protection from inspecting or obtaining school records of that pupil
pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended.
(Source: P.A. 86-966.)
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105 ILCS 5/10-21.9
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
Sec. 10-21.9. Criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database.
(a) Certified and noncertified applicants for employment with a school
district, except school bus driver applicants, are required as a condition
of employment to authorize a fingerprint-based criminal history records check to determine if such applicants have been convicted of any of
the enumerated criminal or drug offenses in subsection (c) of this Section or
have been convicted, within 7 years of the application for employment with
the
school district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State.
Authorization for
the check shall be furnished by the applicant to
the school district, except that if the applicant is a substitute teacher
seeking employment in more than one school district, a teacher seeking
concurrent part-time employment positions with more than one school
district (as a reading specialist, special education teacher or otherwise),
or an educational support personnel employee seeking employment positions
with more than one district, any such district may require the applicant to
furnish authorization for
the check to the regional superintendent
of the educational service region in which are located the school districts
in which the applicant is seeking employment as a substitute or concurrent
part-time teacher or concurrent educational support personnel employee.
Upon receipt of this authorization, the school district or the appropriate
regional superintendent, as the case may be, shall submit the applicant's
name, sex, race, date of birth, social security number, fingerprint images, and other identifiers, as prescribed by the Department
of State Police, to the Department. The regional
superintendent submitting the requisite information to the Department of
State Police shall promptly notify the school districts in which the
applicant is seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee that
the
check of the applicant has been requested. The Department of State Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, until expunged, to the president of the school board for the school district that requested the check, or to the regional superintendent who requested the check.
The
Department shall charge
the school district
or the appropriate regional superintendent a fee for
conducting
such check, which fee shall be deposited in the State
Police Services Fund and shall not exceed the cost of
the inquiry; and the
applicant shall not be charged a fee for
such check by the school
district or by the regional superintendent, except that those applicants seeking employment as a substitute teacher with a school district may be charged a fee not to exceed the cost of the inquiry. Subject to appropriations for these purposes, the State Superintendent of Education shall reimburse school districts and regional superintendents for fees paid to obtain criminal history records checks under this Section.
(a-5) The school district or regional superintendent shall further perform a check of the Statewide Sex Offender Database, as authorized by the Sex Offender Community Notification Law, for each applicant.
(a-6) The school district or regional superintendent shall further perform a check of the Statewide Murderer and Violent Offender Against Youth Database, as authorized by the Murderer and Violent Offender Against Youth Community Notification Law, for each applicant.
(b)
Any information
concerning the record of convictions obtained by the president of the
school board or the regional superintendent shall be confidential and may
only be transmitted to the superintendent of the school district or his
designee, the appropriate regional superintendent if
the check was
requested by the school district, the presidents of the appropriate school
boards if
the check was requested from the Department of State
Police by the regional superintendent, the State Superintendent of
Education, the State Teacher Certification Board, any other person
necessary to the decision of hiring the applicant for employment, or for clarification purposes the Department of State Police or Statewide Sex Offender Database, or both. A copy
of the record of convictions obtained from the Department of State Police
shall be provided to the applicant for employment. Upon the check of the Statewide Sex Offender Database, the school district or regional superintendent shall notify an applicant as to whether or not the applicant has been identified in the Database as a sex offender. If a check of
an applicant for employment as a substitute or concurrent part-time teacher
or concurrent educational support personnel employee in more than one
school district was requested by the regional superintendent, and the
Department of State Police upon a check ascertains that the applicant
has not been convicted of any of the enumerated criminal or drug offenses
in subsection (c)
or has not been convicted, within 7 years of the
application for
employment with the
school district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State
and so notifies the regional
superintendent and if the regional superintendent upon a check ascertains that the applicant has not been identified in the Sex Offender Database as a sex offender, then the
regional superintendent shall issue to the applicant a certificate
evidencing that as of the date specified by the Department of State Police
the applicant has not been convicted of any of the enumerated criminal or
drug offenses in subsection (c)
or has not been
convicted, within 7 years of the application for employment with the
school district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws of
the United States that, if committed or attempted in this State, would
have been punishable as a felony under the laws of this State and evidencing that as of the date that the regional superintendent conducted a check of the Statewide Sex Offender Database, the applicant has not been identified in the Database as a sex offender. The school
board of
any
school district
may rely on the
certificate issued by any regional superintendent to that substitute teacher, concurrent part-time teacher, or concurrent educational support personnel employee or may
initiate its own criminal history records check of the applicant through the Department of
State Police and its own check of the Statewide Sex Offender Database as provided in subsection (a). Any person who releases any
confidential information concerning any criminal convictions of an
applicant for employment shall be guilty of a Class A misdemeanor, unless
the release of such information is authorized by this Section.
(c) No school board shall knowingly employ a person who has been
convicted of any offense that would subject him or her to license suspension or revocation pursuant to Section 21B-80 of this Code.
Further, no school board shall knowingly employ a person who has been found
to be the perpetrator of sexual or physical abuse of any minor under 18 years
of age pursuant to proceedings under Article II of the Juvenile Court Act of
1987.
(d) No school board shall knowingly employ a person for whom a criminal
history records check and a Statewide Sex Offender Database check has not been initiated.
(e) Upon receipt of the record of a conviction of or a finding of child
abuse by a holder of any
certificate issued pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School Code, the
State Superintendent of Education may initiate certificate suspension
and revocation proceedings as authorized by law.
(e-5) The superintendent of the employing school board shall, in writing, notify the State Superintendent of Education and the applicable regional superintendent of schools of any certificate holder whom he or she has reasonable cause to believe has committed an intentional act of abuse or neglect with the result of making a child an abused child or a neglected child, as defined in Section 3 of the Abused and Neglected Child Reporting Act, and that act resulted in the certificate holder's dismissal or resignation from the school district. This notification must be submitted within 30 days after the dismissal or resignation. The certificate holder must also be contemporaneously sent a copy of the notice by the superintendent. All correspondence, documentation, and other information so received by the regional superintendent of schools, the State Superintendent of Education, the State Board of Education, or the State Teacher Certification Board under this subsection (e-5) is confidential and must not be disclosed to third parties, except (i) as necessary for the State Superintendent of Education or his or her designee to investigate and prosecute pursuant to Article 21 of this Code, (ii) pursuant to a court order, (iii) for disclosure to the certificate holder or his or her representative, or (iv) as otherwise provided in this Article and provided that any such information admitted into evidence in a hearing is exempt from this confidentiality and non-disclosure requirement. Except for an act of willful or wanton misconduct, any superintendent who provides notification as required in this subsection (e-5) shall have immunity from any liability, whether civil or criminal or that otherwise might result by reason of such action. (f) After January 1, 1990 the provisions of this Section shall apply
to all employees of persons or firms holding contracts with any school
district including, but not limited to, food service workers, school bus
drivers and other transportation employees, who have direct, daily contact
with the pupils of any school in such district. For purposes of criminal
history records checks and checks of the Statewide Sex Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to more than one
school district, the regional superintendent of the educational service
region in which the contracting school districts are located may, at the
request of any such school district, be responsible for receiving the
authorization for
a criminal history records check prepared by each such employee and
submitting the same to the Department of State Police and for conducting a check of the Statewide Sex Offender Database for each employee. Any information
concerning the record of conviction and identification as a sex offender of any such employee obtained by the
regional superintendent shall be promptly reported to the president of the
appropriate school board or school boards.
(g) In order to student teach in the public schools, a person is required to authorize a fingerprint-based criminal history records check and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database prior to participating in any field experiences in the public schools. Authorization for and payment of the costs of the checks must be furnished by the student teacher. Results of the checks must be furnished to the higher education institution where the student teacher is enrolled and the superintendent of the school district where the student is assigned. (h) Upon request of a school, school district, community college district, or private school, any information obtained by a school district pursuant to subsection (f) of this Section within the last year must be made available to that school, school district, community college district, or private school.(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10; 96-1489, eff. 1-1-11; 97-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11; 97-813, eff. 7-13-12.)
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105 ILCS 5/10-21.10
(105 ILCS 5/10-21.10) (from Ch. 122, par. 10-21.10)
Sec. 10-21.10.
Electronic paging devices on school property.
(a) The
General Assembly finds and declares that the educational development of all
persons to the limits of their capacities is a fundamental goal of the
people of this State, that to achieve such goal it is essential to provide
a safe and secure learning environment within the public schools, and that
the unrestricted and unregulated use by students of pocket pagers and
similar electronic paging devices on school grounds or in school buildings
which are owned, occupied or leased by a school board for school
purposes and activities adversely affects the educational environment,
welfare and safety of students enrolled in the public schools, in that
pocket pagers and similar electronic paging devices are being regularly
used for the conduct of unlawful activities during school hours and on
school property, including activities directly related to the unlawful
possession, sale, delivery or other trafficking in drugs or other
substances which constitute a "controlled substance" as that term is
defined in the Illinois Controlled Substances Act.
It is the purpose and intention of the General Assembly, in enacting this
legislation, to reduce or eliminate the occurrence of such unlawful
activities during school hours and on school property by restricting and
regulating student use or possession of pocket pagers and similar
electronic paging devices as provided in this Section, and by providing for
the imposition of appropriate discipline and sanctions for any violation
of the provisions of this Section.
(b) No student shall use or have in his or her possession any pocket
pager or similar electronic paging device while in any school building or
on any school property, during regular school hours or at any other time,
unless the use or possession of such device by such student has first been
expressly authorized by the school board acting in accordance with
standards developed as provided in subsection (c) for the granting of
approved exceptions to the general prohibition of this Section against such
use or possession.
(c) The school board shall develop and promulgate
written standards under which the board:
(1) may authorize the use or possession of a pocket pager or similar
electronic paging device by a student while in a school building or on
school property as an approved exception to the general prohibition of this
Section against such use or possession; and
(2) may impose appropriate discipline or other sanctions against any
student who violates any provision of this Section.
(Source: P.A. 86-791.)
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105 ILCS 5/10-21.11
(105 ILCS 5/10-21.11) (from Ch. 122, par. 10-21.11)
Sec. 10-21.11.
Infectious disease policies and rules.
To
develop policies and adopt rules relating to the appropriate manner of
managing children with chronic infectious diseases, not inconsistent with
guidelines published by the State Board of Education and the Illinois
Department of Public Health. Such policies and rules must include
evaluation of students with a chronic infectious disease on an individual
case-by-case basis, and may include different provisions for different age
groups, classes of instruction, types of educational institution,
and other reasonable classifications,
as the school board may find appropriate.
This requirement applies to all school districts and public schools of
this State, including special charter districts, Department of Corrections
school districts, laboratory schools operated by the governing board of a
public university, and alternative schools operated by a regional
superintendent of schools.
(Source: P.A. 86-890; 86-1028.)
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105 ILCS 5/10-21.12
(105 ILCS 5/10-21.12) (from Ch. 122, par. 10-21.12)
Sec. 10-21.12. Transfer of teachers. The employment of a teacher
transferred from one board or administrative agent to the control of a new
or different board or administrative agent shall be considered continuous
employment if such
transfer of employment occurred by reason of any of the following events:
(1) a boundary change or the creation or |
| reorganization of any school district pursuant to Article 7 or 11E; or
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(2) the deactivation or reactivation of any high
| | school or elementary school pursuant to Section 10-22.22b; or
|
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(3) the creation, expansion, reduction or dissolution
| | of a special education program pursuant to Section 10-22.31, or the creation, expansion, reduction or dissolution of a joint educational program established under Section 10-22.31a; or
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|
(4) the creation, expansion, reduction, termination
| | or dissolution of any joint agreement program operated by a regional superintendent, governing board, or other administrative agent or any program operated pursuant to an Intergovernmental Joint Agreement. The changes made by this amendatory Act of 1990 are declaratory of existing law.
|
|
(Source: P.A. 94-213, eff. 7-14-05; 94-1019, eff. 7-10-06.)
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105 ILCS 5/10-22
(105 ILCS 5/10-22) (from Ch. 122, par. 10-22)
Sec. 10-22.
(Repealed).
(Source: P.A. 76-2268. Repealed by P.A. 89-159, eff. 1-1-96.)
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105 ILCS 5/10-22.1
(105 ILCS 5/10-22.1) (from Ch. 122, par. 10-22.1)
Sec. 10-22.1.
Book for records.
To purchase a suitable book for their records.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/10-22.2
(105 ILCS 5/10-22.2) (from Ch. 122, par. 10-22.2)
Sec. 10-22.2.
Compensation of clerk or secretary.
To allow the clerk or secretary a reasonable compensation for services,
payable out of money not otherwise appropriated.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/10-22.3
(105 ILCS 5/10-22.3) (from Ch. 122, par. 10-22.3)
Sec. 10-22.3.
Liability insurance for school board members, school board employees and
student teachers.
To insure against any loss or liability of the school district, members
of school boards, employees,
volunteer personnel authorized in Sections 10-22.34, 10-22.34a and 10-22.34b
of this Code
and student teachers by reason of civil rights
damage claims and suits, constitutional rights damage claims and suits and
death and bodily injury and property damage claims and suits, including
defense thereof, when damages are sought for negligent or wrongful acts
allegedly committed during the scope of employment or under the direction
of the school board. Such insurance shall be carried in a company licensed
to write such coverage in this State.
(Source: P.A. 79-210.)
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105 ILCS 5/10-22.3a
(105 ILCS 5/10-22.3a) (from Ch. 122, par. 10-22.3a)
Sec. 10-22.3a. To provide for or to participate in provisions for insurance
protection and benefits for its employees and their dependents including
but not limited to retirement annuities, medical, surgical and
hospitalization benefits in such types and amounts, if any, as shall be
determined by the board, for the purpose of aiding in securing and
retaining the services of competent employees. Where employee participation
in such provisions is involved, the board, with the consent of the
employee, may withhold deductions from the employee's salary necessary to
defray the employee's share of such insurance costs. Such insurance or
benefits may be contracted for only with an insurance company authorized to
do business in this State. Such insurance may include provisions
for employees and their dependents who rely on treatment by prayer or
spiritual means alone for healing, in accordance with the tenets and
practice of a recognized religious denomination.
For purposes of this Section, the term "dependent" means an employee's
spouse and any unmarried child (1) under the age of 19 years including (a)
an adopted child and (b) a step-child or recognized child who lives with
the employee in a regular parent-child relationship, or (2) under the age
of 23 who is enrolled as a full-time student in any accredited school,
college or university. Nothing contained in this Code may preclude an elected school board member from participating in a group health insurance program provided to an employee of the school district that the board member serves if the board member is a dependent of that employee.
(Source: P.A. 94-410, eff. 8-2-05.)
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105 ILCS 5/10-22.3b
(105 ILCS 5/10-22.3b) (from Ch. 122, par. 10-22.3b)
Sec. 10-22.3b.
Health insurance for retired teachers.
To make health
insurance premium payments to the Teachers' Retirement System of the State
of Illinois for those costs of participating in the health benefit program
established under Article 16 of the Illinois Pension Code that are not paid
by the System under Section 16-153.4 of the Illinois Pension Code and for the
cost of premiums charged for participation in the health benefit program
established under Section 6.5 of the State Employees Group Insurance Act of
1971, for eligible participants who retired from the school district.
(Source: P.A. 89-25, eff. 6-21-95.)
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105 ILCS 5/10-22.3c
(105 ILCS 5/10-22.3c) (from Ch. 122, par. 10-22.3c)
Sec. 10-22.3c.
Orders of protection.
To prohibit the
disclosure by any school employee to any person against whom
the school district has received a certified copy of an order
of protection the location or address of the petitioner for the
order of protection or the identity of the schools in the district
in which the petitioner's child or children are enrolled. The
school district shall maintain the copy of the order of protection
in the records of the child or children enrolled in the district
whose parent is the petitioner of an order of protection.
(Source: P.A. 87-437.)
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105 ILCS 5/10-22.3d
(105 ILCS 5/10-22.3d)
Sec. 10-22.3d.
Woman's health care provider.
Insurance protection and
benefits for employees are subject to the provisions of Section 356r of the
Illinois Insurance Code.
(Source: P.A. 89-514, eff. 7-17-96; 90-14, eff. 7-1-97.)
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105 ILCS 5/10-22.3e
(105 ILCS 5/10-22.3e)
Sec. 10-22.3e.
Post-parturition care.
Insurance
protection and benefits for employees shall provide the post-parturition care
benefits required to be covered by a policy of accident and health insurance
under Section 356s of the Illinois Insurance Code.
(Source: P.A. 89-513, eff. 9-15-96; 90-14, eff. 7-1-97.)
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105 ILCS 5/10-22.3f (105 ILCS 5/10-22.3f)
Sec. 10-22.3f. Required health benefits. Insurance protection and
benefits
for employees shall provide the post-mastectomy care benefits required to be
covered by a policy of accident and health insurance under Section 356t and the
coverage required under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
356z.6, 356z.8, 356z.9, 356z.11, 356z.12, 356z.13, 356z.14, and 356z.15 of
the
Illinois Insurance Code.
Insurance policies shall comply with Section 356z.19 of the Illinois Insurance Code. The coverage shall comply with Section 155.22a of
the Illinois Insurance Code.
Rulemaking authority to implement Public Act 95-1045, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized. (Source: P.A. 96-139, eff. 1-1-10; 96-328, eff. 8-11-09; 96-1000, eff. 7-2-10; 97-282, eff. 8-9-11; 97-343, eff. 1-1-12; 97-813, eff. 7-13-12.)|
105 ILCS 5/10-22.4
(105 ILCS 5/10-22.4) (from Ch. 122, par. 10-22.4)
Sec. 10-22.4. Dismissal of teachers. To dismiss a teacher for incompetency, cruelty, negligence, immorality
or other sufficient cause, to dismiss any teacher on the basis of performance and to dismiss any teacher whenever, in its
opinion, he is not qualified to teach, or whenever, in its opinion, the
interests of the schools require it, subject, however, to the provisions of
Sections 24-10 to 24-16.5, inclusive. Temporary mental or physical
incapacity to perform teaching duties, as found by a medical
examination, is not a cause for dismissal.
Marriage is not a cause of removal.
(Source: P.A. 97-8, eff. 6-13-11.)
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105 ILCS 5/10-22.4a
(105 ILCS 5/10-22.4a) (from Ch. 122, par. 10-22.4a)
Sec. 10-22.4a.
Arbitration of disputes.
The school board may enter
into agreements with employees or representatives of employees to resolve
disputes and grievances by binding arbitration before disinterested third parties.
(Source: P.A. 82-107.)
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105 ILCS 5/10-22.5
(105 ILCS 5/10-22.5) (from Ch. 122, par. 10-22.5)
Sec. 10-22.5.
Assignment of pupils to schools - Non-resident
pupils - Tuition - Race discrimination.
To assign pupils to the several schools in the district; to admit
non-resident pupils when it can be done without prejudice to the rights
of resident pupils and provide them with any services of the school
including transportation; to fix the rates of tuition in accordance with
Section 10-20.12a, and to collect and pay the same to the treasurer
for the use of the district; but no pupil shall be excluded from or
segregated in any such school on account of his color, race, sex, or
nationality. Nothing herein shall be construed to permit or empower the
State Board of Education to
order, mandate or require
busing or other transportation of pupils for the purpose of achieving
racial balance in any school.
(Source: P.A. 81-1508.)
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105 ILCS 5/10-22.5a
(105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a)
Sec. 10-22.5a. Attendance by dependents of United States military personnel, foreign exchange students, and certain
nonresident pupils.
(a) To enter into written agreements with cultural exchange organizations,
or with nationally recognized eleemosynary institutions that promote excellence
in the arts, mathematics, or science. The written agreements may provide
for tuition free attendance at the local district school by foreign exchange
students, or by nonresident pupils of eleemosynary institutions. The local
board of education, as part of the agreement, may require that the cultural
exchange program or the eleemosynary institutions provide services to the
district in exchange for the waiver of nonresident tuition.
To enter into written agreements with adjacent school districts to provide
for tuition free attendance by a student of the adjacent district when
requested for the student's health and safety by the student or parent and both
districts determine that the student's health or safety will be served by such
attendance. Districts shall not be required to enter into such agreements nor
be
required to alter existing transportation services due to the attendance of
such non-resident pupils.
(a-5) If, at the time of enrollment, a dependent of United States military personnel is housed in temporary housing located outside of a school district, but will be living within the district within 60 days after the time of initial enrollment, the dependent must be allowed to enroll, subject to the requirements of this subsection (a-5), and must not be charged tuition. Any United States military personnel attempting to enroll a dependent under this subsection (a-5) shall provide proof that the dependent will be living within the district within 60 days after the time of initial enrollment. Proof of residency may include, but is not limited to, postmarked mail addressed to the military personnel and sent to an address located within the district, a lease agreement for occupancy of a residence located within the district, or proof of ownership of a residence located within the district.
(b) Nonresident pupils and foreign exchange students attending school on a
tuition free basis under such agreements and nonresident dependents of United States military personnel attending school on a tuition free basis may be counted for the purposes
of determining the apportionment of State aid provided under Section 18-8.05
of this Code, provided
that any cultural exchange organization or eleemosynary
institutions
wishing to participate in an agreement authorized under this Section must
be approved in writing by the State Board of Education. The State Board
of Education may establish reasonable rules to determine the eligibility
of cultural exchange organizations or eleemosynary institutions wishing
to participate in agreements authorized under this Section. No organization
or institution participating in agreements authorized under this Section
may exclude any individual for participation in its program on account
of the person's race, color, sex, religion or nationality.
(Source: P.A. 93-740, eff. 7-15-04.)
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105 ILCS 5/10-22.6
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
Sec. 10-22.6. Suspension or expulsion of pupils; school searches.
(a) To expel pupils guilty of gross disobedience or misconduct, including gross disobedience or misconduct perpetuated by electronic means, and
no action shall lie against them for such expulsion. Expulsion shall
take place only after the parents have been requested to appear at a
meeting of the board, or with a hearing officer appointed by it, to
discuss their child's behavior. Such request shall be made by registered
or certified mail and shall state the time, place and purpose of the
meeting. The board, or a hearing officer appointed by it, at such
meeting shall state the reasons for dismissal and the date on which the
expulsion is to become effective. If a hearing officer is appointed by
the board he shall report to the board a written summary of the evidence
heard at the meeting and the board may take such action thereon as it
finds appropriate. An expelled pupil may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.
(b) To suspend or by policy to authorize the superintendent of
the district or the principal, assistant principal, or dean of students
of any school to suspend pupils guilty of gross disobedience or misconduct, or
to suspend pupils guilty of gross disobedience or misconduct on the school bus
from riding the school bus, and no action
shall lie against them for such suspension. The board may by policy
authorize the superintendent of the district or the principal, assistant
principal, or dean of students of any
school to suspend pupils guilty of such acts for a period not to exceed
10 school days. If a pupil is suspended due to gross disobedience or misconduct
on a school bus, the board may suspend the pupil in excess of 10
school
days for safety reasons. Any suspension shall be reported immediately to the
parents or guardian of such pupil along with a full statement of the
reasons for such suspension and a notice of their right to a review. The school board must be given a summary of the notice, including the reason for the suspension and the suspension length. Upon request of the
parents or guardian the school board or a hearing officer appointed by
it shall review such action of the superintendent or principal, assistant
principal, or dean of students. At such
review the parents or guardian of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a hearing officer
is appointed by the board he shall report to the board a written summary
of the evidence heard at the meeting. After its hearing or upon receipt
of the written report of its hearing officer, the board may take such
action as it finds appropriate. A pupil who is suspended in excess of 20 school days may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.
(c) The Department of Human Services
shall be invited to send a representative to consult with the board at
such meeting whenever there is evidence that mental illness may be the
cause for expulsion or suspension.
(d) The board may expel a student for a definite period of time not to
exceed 2 calendar years, as determined on a case by case basis.
A student who
is determined to have brought one of the following objects to school, any school-sponsored activity
or event, or any activity or event that bears a reasonable relationship to school shall be expelled for a period of not less than
one year: (1) A firearm. For the purposes of this Section, |
| "firearm" means any gun, rifle, shotgun, weapon as defined by Section 921 of Title 18 of the United States Code, firearm as defined in Section 1.1 of the Firearm Owners Identification Card Act, or firearm as defined in Section 24-1 of the Criminal Code of 2012. The expulsion period under this subdivision (1) may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case-by-case basis.
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| (2) A knife, brass knuckles or other knuckle weapon
| | regardless of its composition, a billy club, or any other object if used or attempted to be used to cause bodily harm, including "look alikes" of any firearm as defined in subdivision (1) of this subsection (d). The expulsion requirement under this subdivision (2) may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case-by-case basis.
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| Expulsion
or suspension
shall be construed in a
manner consistent with the Federal Individuals with Disabilities Education
Act. A student who is subject to suspension or expulsion as provided in this
Section may be eligible for a transfer to an alternative school program in
accordance with Article 13A of the School Code. The provisions of this
subsection (d) apply in all school districts,
including special charter districts and districts organized under Article 34.
(d-5) The board may suspend or by regulation
authorize the superintendent of the district or the principal, assistant
principal, or dean of students of any
school to suspend a student for a period not to exceed
10 school days or may expel a student for a definite period of time not to
exceed 2 calendar years, as determined on a case by case basis, if (i) that student has been determined to have made an explicit threat on an Internet website against a school employee, a student, or any school-related personnel, (ii) the Internet website through which the threat was made is a site that was accessible within the school at the time the threat was made or was available to third parties who worked or studied within the school grounds at the time the threat was made, and (iii) the threat could be reasonably interpreted as threatening to the safety and security of the threatened individual because of his or her duties or employment status or status as a student inside the school. The provisions of this
subsection (d-5) apply in all school districts,
including special charter districts and districts organized under Article 34 of this Code.
(e) To maintain order and security in the schools, school authorities may
inspect and search places and areas such as lockers, desks, parking lots, and
other school property and equipment owned or controlled by the school, as well
as personal effects left in those places and areas by students, without notice
to or the consent of the student, and without a search warrant. As a matter of
public policy, the General Assembly finds that students have no reasonable
expectation of privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request the assistance
of law enforcement officials for the purpose of conducting inspections and
searches of lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school for illegal drugs, weapons, or
other
illegal or dangerous substances or materials, including searches conducted
through the use of specially trained dogs. If a search conducted in accordance
with this Section produces evidence that the student has violated or is
violating either the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and disciplinary action may
be taken. School authorities may also turn over such evidence to law
enforcement authorities. The provisions of this subsection (e) apply in all
school districts, including special charter districts and districts organized
under Article 34.
(f) Suspension or expulsion may include suspension or expulsion from
school and all school activities and a prohibition from being present on school
grounds.
(g) A school district may adopt a policy providing that if a student
is suspended or expelled for any reason from any public or private school
in this or any other state, the student must complete the entire term of
the suspension or expulsion in an alternative school program under Article 13A of this Code or an alternative learning opportunities program under Article 13B of this Code before being admitted into the school
district if there is no threat to the safety of students or staff in the alternative program. This subsection (g) applies to
all school districts, including special charter districts and districts
organized under Article 34 of this Code.
(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)
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105 ILCS 5/10-22.6a
(105 ILCS 5/10-22.6a) (from Ch. 122, par. 10-22.6a)
Sec. 10-22.6a.
To provide by home instruction, correspondence courses or
otherwise courses of instruction for pupils who are unable to attend school
because of pregnancy. Such instruction shall be provided to the pupil
(1) before the birth of the child when the pupil's physician has
indicated to the district, in writing, that the pupil is medically unable
to attend regular classroom instruction and (2) for up to 3 months
following the birth of the child or a miscarriage.
The instruction course shall be designed to offer educational experiences
that are equivalent to those given to pupils at the same grade level in
the district and that are designed to enable the pupil to return to the classroom.
(Source: P.A. 84-1430.)
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105 ILCS 5/10-22.6b
(105 ILCS 5/10-22.6b) (from Ch. 122, par. 10-22.6b)
Sec. 10-22.6b.
Non-disclosure of information.
Except as otherwise
provided in the "Abused and Neglected Child Reporting Act" or other
applicable State or federal law, to permit school
officials to withhold, from any person, information
on the whereabouts of any child removed
from school premises when the child has been taken into protective custody as a victim
of suspected child abuse. School officials shall direct
such person to the Department of Children and Family Services, or to
the local law enforcement agency if appropriate.
(Source: P.A. 85-238.)
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105 ILCS 5/10-22.7
(105 ILCS 5/10-22.7) (from Ch. 122, par. 10-22.7)
Sec. 10-22.7.
Repairs and improvements.
To repair and improve schoolhouses
and furnish them with the necessary fixtures, furniture, apparatus, libraries,
and fuel, to receive and review the reports of architects and professional
engineers licensed in the State of Illinois prescribed in Section 2-3.12, to
set priorities for the recommendations set forth in the report, and to ensure
that those facilities used for student occupancy under their control will
remain in compliance with the building code authorized in Section 2-3.12.
(Source: P.A. 87-984.)
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105 ILCS 5/10-22.8
(105 ILCS 5/10-22.8) (from Ch. 122, par. 10-22.8)
Sec. 10-22.8.
Sale of personal property.
To sell at public or private sale any personal property belonging to the
school district, and either not needed for school purposes or available
through an arrangement under which such personal property may be leased by the
district from the purchaser.
(Source: P.A. 90-789, eff. 8-14-98.)
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105 ILCS 5/10-22.9
(105 ILCS 5/10-22.9) (from Ch. 122, par. 10-22.9)
Sec. 10-22.9.
(Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 89-159, eff. 1-1-96.)
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105 ILCS 5/10-22.10
(105 ILCS 5/10-22.10) (from Ch. 122, par. 10-22.10)
Sec. 10-22.10.
Control and supervision of school houses and school grounds.
To have the control and supervision of all public schoolhouses in their
district, and to grant the temporary use of them, when not occupied by
schools, for religious meetings and Sunday schools, for evening schools and
literary societies, and for such other meetings as the board deems proper;
to grant the use of assembly halls and class rooms when not otherwise
needed, including light, heat and attendants, for public lectures,
concerts, and other educational and social interests, under such provisions
and control as they may see fit to impose; to grant the use of school
grounds under such provisions and control as they may see fit to impose and
to conduct, or provide for the conducting of recreational, social and civic
activities in the school buildings or on the school grounds or both.
(Source: Laws 1967, p. 264.)
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105 ILCS 5/10-22.10a
(105 ILCS 5/10-22.10a) (from Ch. 122, par. 10-22.10a)
Sec. 10-22.10a.
Inspection for drugs.
School boards are empowered to
adopt a policy to authorize school officials to request the assistance of
law enforcement officials for the purpose of conducting reasonable searches
of school grounds and lockers for illegal drugs, including searches
conducted through the use of specially trained dogs.
(Source: P.A. 86-850.)
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105 ILCS 5/10-22.11
(105 ILCS 5/10-22.11) (from Ch. 122, par. 10-22.11)
Sec. 10-22.11.
Lease of school property.
(a) To lease school
property to another school district, municipality or body politic and
corporate for a term of not to exceed 25 years, except as otherwise
provided in this Section, and upon such terms and conditions as may be
agreed if in the opinion of the school board use of such property will
not be needed by the district during the term of such lease; provided,
the school board shall not make or renew any lease for a term longer
than 10 years, nor alter the terms of any lease whose unexpired term may
exceed 10 years without the vote of 2/3 of the full membership of the board.
(b) Whenever the school board considers such action advisable and in
the best interests of the school district, to lease vacant school
property for a period not exceeding 51 years to a private not for profit
school organization for use in the care of the trainable and educable
mentally disabled persons in the district or in the
education of the
gifted children in the district. Before leasing such property to a
private not for profit school organization, the school board must adopt
a resolution for the leasing of such property, fixing the period and
price therefor, and order submitted to referendum at an election to be held
in the district as provided in the general election law, the question of
whether the lease should be entered into. Thereupon, the secretary
shall certify to the proper election authorities the proposition for
submission in accordance with the general election law. If the majority
of the voters voting upon the proposition vote in favor of the leasing,
the school board may proceed with the leasing. The proposition shall be
in substantially the following form:
-------------------------------------------------------------- Shall School District No. ..... of..... County, Illinois lease to YES..... (here name and identify thelessee) the following described vacant ----------------------school property (here describe theproperty) for a term of ..... years NOfor the sum of ..... Dollars?--------------------------------------------------------------
This paragraph (b) shall not be construed in such a manner as to
relieve the responsibility of the Board of Education as set out in
Article 14 of the School Code.
(c) To lease school buildings and land to suitable lessees for educational
purposes or for any other purpose which serves the interests of the
community, for a term not to exceed 25 years and upon such terms and
conditions as may be agreed upon by the parties, when such buildings and land are
declared by the board to be unnecessary or unsuitable or
inconvenient for a school or the uses of the district during the term of
the lease and when, in the opinion of the board, the best interests of
the residents of the school district will be enhanced by entering into
such a lease. Such leases shall include provisions for adequate
insurance for both liability and property damage or loss, and
reasonable charges for maintenance and depreciation of such buildings and
land.
(Source: P.A. 89-397, eff. 8-20-95.)
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105 ILCS 5/10-22.12
(105 ILCS 5/10-22.12) (from Ch. 122, par. 10-22.12)
Sec. 10-22.12.
Lease of property for school purposes.
To
lease, for a period not exceeding 99 years, any building, rooms,
grounds and appurtenances to be used by the district for the use
of schools or for school administration purposes; and to pay for
the use of such leased property in accordance with the terms of
the lease. The board shall not make or renew any lease for a
term longer than 10 years, nor alter the terms of any lease
whose unexpired term may exceed 10 years without the vote of
2/3 of the full membership of the board.
(Source: P.A. 80-1044.)
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105 ILCS 5/10-22.13
(105 ILCS 5/10-22.13) (from Ch. 122, par. 10-22.13)
Sec. 10-22.13.
Necessity, suitability or convenience of site or building.
To decide when a site or building has become unnecessary, unsuitable or
inconvenient for a school.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/10-22.13a
(105 ILCS 5/10-22.13a)
Sec. 10-22.13a.
Zoning changes, variations, and special uses for school
district property. To seek zoning changes, variations, or special uses for
property held or controlled by the school district.
(Source: P.A. 90-566, eff. 1-2-98.)
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105 ILCS 5/10-22.14
(105 ILCS 5/10-22.14) (from Ch. 122, par. 10-22.14)
Sec. 10-22.14.
Borrowing money and issuing bonds.
To borrow money, and issue
bonds for the purposes and in the manner provided by this Act.
When bond proceeds from the sale of bonds include a premium, or when
the proceeds of bonds issued for fire prevention, safety, energy conservation,
and school security purposes as specified in Section 17-2.11 are invested as
authorized by law, the board shall determine by resolution whether the interest
earned on the investment of bond proceeds authorized under Section 17-2.11 or
the premium realized in the sale of bonds, as the case may be, is to be used
for the purposes for which the bonds were issued or, instead, for payment of
the principal indebtedness and interest on those bonds.
When bonds, other than bonds issued for fire prevention, safety, energy
conservation, and school security purposes as specified in Section 17-2.11
are issued by any school district, and the purposes for which the bonds have
been issued are accomplished and paid for in full, and there remain funds on
hand from the proceeds of the bonds so issued, the board by resolution may
transfer those excess funds to the operations and maintenance fund.
When bonds are issued by any school district for fire prevention,
safety, energy conservation, and school security purposes as specified in
Section 17-2.11, and the purposes for which the bonds have been
issued are accomplished and paid in full, and there remain funds on hand
from the proceeds of the bonds issued, the board by resolution shall use
those excess funds (1) for other authorized fire prevention, safety, energy
conservation, and school security purposes as specified in Section 17-2.11
or (2) for transfer to the Bond and Interest Fund for payment of principal
and interest on those bonds. If any transfer is made to the Bond and
Interest Fund, the secretary of the school board shall within 30 days
notify the county clerk of the amount of that transfer and direct the clerk
to abate the taxes to be extended for the purposes of principal and
interest payments on the respective bonds issued under Section 17-2.11
by an amount equal to such transfer.
(Source: P.A. 86-970; 87-984.)
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105 ILCS 5/10-22.15
(105 ILCS 5/10-22.15) (from Ch. 122, par. 10-22.15)
Sec. 10-22.15.
Flag and flag staff.
To furnish each school with a flag and a staff as provided by law.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/10-22.16
(105 ILCS 5/10-22.16)
Sec. 10-22.16. (Repealed).
(Source: P.A. 83-1362. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/10-22.17
(105 ILCS 5/10-22.17)
Sec. 10-22.17. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/10-22.18
(105 ILCS 5/10-22.18) (from Ch. 122, par. 10-22.18)
Sec. 10-22.18.
Kindergartens.
To establish kindergartens for the
instruction of children between the
ages of 4 and 6 years, if in their judgment the public interest requires
it, and to pay the necessary expenses thereof out of the school funds of
the district. Upon petition of at
least 50 parents or guardians of children
between the ages of 4 and 6, residing within any school district and within
one mile of the public school where such kindergarten is proposed to be
established, the board of directors shall, if funds are available,
establish a kindergarten in connection with the public school designated in
the petition and maintain it as long as the annual average daily attendance
therein is not less than 15. The board may establish a kindergarten with
half-day attendance or with full-day attendance. If the board establishes
full-day kindergarten, it shall also establish half-day kindergarten.
No one shall be employed to teach in a kindergarten who does not hold a
certificate as provided by law.
(Source: P.A. 84-1308.)
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105 ILCS 5/10-22.18a
(105 ILCS 5/10-22.18a) (from Ch. 122, par. 10-22.18a)
Sec. 10-22.18a.
Child care and training centers - Charges - Public aid
payments for certain children).
To establish Child Care and Training Centers for children under the age
of compulsory school attendance for the purpose of providing them (1) social
and educational guidance and developmental aids supplemental to parental
care and training designed to assist them in attaining their greatest potential
during their school years and adult life and (2) care and services, in addition
to the services specified in (1), required because of the absence from home
for all or part of the day of their parents or other persons in charge of
their care as a result of employment or other reason. The board may also
make the facilities of the Centers available before and after as well as
during regular school hours to school age and preschool age children who
may benefit thereby, including children who require care and supervision
pending the return of their parents or other persons in
charge of their care from employment or other activity requiring absence from
the home.
In establishing standards for the Centers, the board shall take into account
standards established by the Department of Children and Family Services
for like facilities. The board shall pay the necessary expenses out of school
funds of the district, subject to State payment for certain children as
hereinafter provided, and may charge for care and training of children for
whom the State does not assume responsibility. The charge shall not exceed
the per capita cost of the Center and, to the extent feasible, shall be
fixed at a level which will permit utilization of the Center by employed
parents of low or moderate income.
The Department of Human Services shall pay
to the district the cost
of care and training provided in the Centers for any child who is a recipient
of financial aid under "The Illinois Public Aid Code", approved April 11,
1967, as amended. The Department shall submit to the board written
notice designating each child for whom it assumes the cost of care and
training.
The board shall submit claims for payment at the end of each monthly period.
If satisfied of their correctness, the Department shall approve the claims
and provide for their payment out of funds appropriated to it for such purposes
and from Federal funds available therefor.
The board may permit any other State or local governmental agency or private
agency providing care for children to purchase care and training in the
Centers for children under their charge.
After July 1, 1970 when the provisions of Section 10-20.20 become operative
in the district, children in a Child Care and Training Center shall be
transferred
to the kindergarten established under that Section for such portion of the
day as may be required for the kindergarten program, and only the pro-rated
costs of care and training provided in the Center for the remaining period
shall be charged to the Illinois Department or other persons or agencies
paying for such care.
(Source: P.A. 89-507, eff. 7-1-97.)
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105 ILCS 5/10-22.18b
(105 ILCS 5/10-22.18b) (from Ch. 122, par. 10-22.18b)
Sec. 10-22.18b.
Before and after school programs.
To develop and maintain
before school and after school programs for students in kindergarten through
the 6th grade. Such programs may include time for homework, physical exercise,
afternoon nutritional snacks and educational offerings which are
in addition to those offered during the regular school day. The chief administrator
in each district shall be a certified teacher or a person who meets the
requirements for supervising a day care center under the Child Care Act
of 1969. Individual programs shall be coordinated by certified teachers
or by persons who meet the requirements for supervising a day care center
under the Child Care Act of 1969. Additional employees who are not so qualified
may also be employed for such programs.
The schedule of these programs may follow the work calendar of the local
community rather than the regular school calendar. Parents or guardians
of the participating
students shall be responsible for providing transportation for the students
to and from the programs. The school board may charge parents of participating
students a fee, not to exceed the actual cost of such before and after school
programs.
(Source: P.A. 83-639.)
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105 ILCS 5/10-22.18c
(105 ILCS 5/10-22.18c) (from Ch. 122, par. 10-22.18c)
Sec. 10-22.18c.
Model day care services program.
Local school districts
may establish, in cooperation with the State Board of Education, a model
program for the provision of day care services in a school. The program
shall be administered by the local school district and shall be funded
from monies available from private and public sources. Student parents
shall not be charged a fee for the day care services; school personnel also
may utilize the services, but shall be charged a fee. The program shall be
supervised by a trained child care professional who is qualified to teach
students parenting skills. As part of the program, the school shall offer
a course in child behavior in which students shall receive course credits
for helping to care for the children in the program while learning
parenting skills. The State Board of Education shall evaluate the programs'
effectiveness in reducing school absenteeism and dropouts among teenage
parents and shall report to the General Assembly concerning its findings
after the program has been in operation for 2 years.
(Source: P.A. 85-769.)
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105 ILCS 5/10-22.18d
(105 ILCS 5/10-22.18d) (from Ch. 122, par. 10-22.18d)
Sec. 10-22.18d.
Parental institutes.
A school district may utilize up
to two days allowed by law for teachers' institutes to conduct parental
institutes for the parents and guardians of children attending the
district. No district may utilize teachers' institute days as parental
institute days without the consent of the district's inservice advisory
committee created under Section 3-11. If a district does not have an
inservice advisory committee, parental institute days must be approved by
the district's teaching staff.
Parental institutes shall be designed by the school district upon
consultation with the district's teaching staff, administrators, and
parents' organizations. The district may provide appropriate personnel,
including district staff, to conduct, attend, or participate in all or any
portion of the institutes.
Parental institutes shall provide information on such topics as the
district shall deem necessary to achieve the following purposes:
(1) Enhance parental involvement in the education of |
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(2) Improve parental communication and involvement
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(3) Enhance parental knowledge of child development,
| | district programs, school conditions, and societal problems threatening students; and
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(4) Improve parental skill development.
Districts shall use every means available to inform parents and
guardians about parental institutes and to encourage attendance at and
active participation in such events.
Parental institutes may be held during that period of the day which is
not part of the regular school day and may be held on Saturdays. Days
scheduled for parental institutes may be scheduled separately for different
grade levels and different attendance centers of the district.
Districts may establish reasonable fees, not to exceed the cost of
holding parental institutes, for attendance and shall waive any fees so
established for any parents or guardians who may be unable to afford such
fees. Nothing shall preclude districts from applying for or accepting
private funds to conduct parental institutes.
(Source: P.A. 86-1250.)
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105 ILCS 5/10-22.19
(105 ILCS 5/10-22.19) (from Ch. 122, par. 10-22.19)
Sec. 10-22.19.
Sidewalks, bridges, culverts and other approaches.
To appropriate school funds for the construction of such sidewalks,
bridges, culverts and other approaches leading to the schoolhouse or school
grounds as are necessary for the convenience and safety of pupils attending
such school, but such approaches shall not exceed one-half mile in length.
(Source: Laws 1961, p. 3420.)
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105 ILCS 5/10-22.19a
(105 ILCS 5/10-22.19a)
Sec. 10-22.19a. (Repealed).
(Source: P.A. 91-830, eff. 7-1-00. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/10-22.20
(105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
Sec. 10-22.20. Classes for adults and youths whose schooling has
been interrupted; conditions for State reimbursement; use of child
care facilities.
(a) To establish special classes for the instruction (1)
of persons of age 21 years or over, and (2) of persons less than age 21
and not otherwise in attendance in public school, for the purpose of
providing adults in the community, and youths whose schooling has been
interrupted, with such additional basic education, vocational skill
training, and other instruction as may be necessary to increase their
qualifications for employment or other means of self-support and their
ability to meet their responsibilities as citizens including courses of
instruction regularly accepted for graduation from elementary or high
schools and for Americanization and General Educational Development
Review classes.
The board shall pay the necessary expenses of such classes out of
school funds of the district, including costs of student transportation
and such facilities or provision for child-care as may be necessary in
the judgment of the board to permit maximum utilization of the courses
by students with children, and other special needs of the students
directly related to such instruction. The expenses thus incurred shall
be subject to State reimbursement, as provided in this Section. The
board may make a tuition charge for persons taking instruction who are
not subject to State reimbursement, such tuition charge not to exceed
the per capita cost of such classes.
The cost of such instruction, including the additional expenses herein
authorized, incurred for recipients of financial aid under the Illinois
Public Aid Code, or for persons for whom education and training aid has been
authorized under Section 9-8 of that Code, shall be assumed in its entirety
from funds appropriated by the State to the Illinois Community College
Board.
(b) The
Illinois Community College Board shall establish
the standards for the
courses of instruction reimbursed
under this Section. The Illinois Community College Board shall supervise the
administration of the programs. The Illinois Community College Board shall
determine the cost
of instruction in accordance with standards established by the Illinois
Community College Board, including therein
other incidental costs as herein authorized, which shall serve as the basis of
State reimbursement in accordance with the provisions of this Section. In the
approval of programs and the determination of the cost of instruction, the
Illinois Community College Board shall provide
for the maximum utilization of federal
funds for such programs.
The Illinois Community College Board shall also provide for:
(1) the development of an index of need for program |
| planning and for area funding allocations, as defined by the Illinois Community College Board;
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(2) the method for calculating hours of instruction,
| | as defined by the Illinois Community College Board, claimable for reimbursement and a method to phase in the calculation and for adjusting the calculations in cases where the services of a program are interrupted due to circumstances beyond the control of the program provider;
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(3) a plan for the reallocation of funds to increase
| | the amount allocated for grants based upon program performance as set forth in subsection (d) below; and
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(4) the development of standards for determining
| | grants based upon performance as set forth in subsection (d) below and a plan for the phased-in implementation of those standards.
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For instruction provided by school districts and community college
districts beginning July 1, 1996 and thereafter, reimbursement
provided by
the Illinois Community College Board for
classes authorized by this Section
shall be provided from
funds appropriated for the reimbursement criteria set forth in subsection (c)
below.
(c) Upon the annual approval of the Illinois Community College Board, reimbursement
shall be first provided for transportation, child care services, and other
special needs of the students directly related to instruction and then from the
funds remaining
an amount equal to the product of the total credit hours or units
of instruction approved by the Illinois Community College Board, multiplied by the
following:
(1) For adult basic education, the maximum
| | reimbursement per credit hour or per unit of instruction shall be equal to the general state aid per pupil foundation level established in subsection (B) of Section 18-8.05, divided by 60;
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(2) The maximum reimbursement per credit hour or per
| | unit of instruction in subparagraph (1) above shall be weighted for students enrolled in classes defined as vocational skills and approved by the Illinois Community College Board by 1.25;
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(3) The maximum reimbursement per credit hour or per
| | unit of instruction in subparagraph (1) above shall be multiplied by .90 for students enrolled in classes defined as adult secondary education programs and approved by the Illinois Community College Board;
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(4) (Blank); and
(5) Funding for program years after 1999-2000 shall
| | be determined by the Illinois Community College Board.
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(d) Upon its annual approval, the Illinois Community College Board
shall provide grants to eligible programs for supplemental
activities to improve or expand services under the Adult Education Act.
Eligible programs shall be determined based upon performance outcomes of
students in the programs as set by the Illinois Community College Board.
(e) Reimbursement under this Section shall not exceed
the actual costs of the approved program.
If the amount appropriated to the Illinois Community College Board for
reimbursement under this Section is less than the amount required under
this Act, the apportionment shall
be proportionately reduced.
School districts and community college districts may assess students up
to $3.00 per credit hour, for classes other than Adult Basic Education level
programs, if needed to meet program costs.
(f) An education plan shall be established for each adult or youth
whose
schooling has been interrupted and who is participating in the
instructional programs provided under this Section.
Each school board and community college shall keep an accurate and
detailed account of the
students assigned to and receiving instruction under this Section who
are subject to State reimbursement and shall submit reports of services
provided commencing with fiscal year 1997 as required by the Illinois
Community College Board.
For classes authorized under this Section, a credit hour or unit of
instruction is equal to 15 hours of direct instruction for students
enrolled in approved adult education programs at midterm and making
satisfactory progress, in accordance with standards established by the Illinois Community College Board.
(g) Upon proof submitted to the Illinois
Department of Human Services of the payment of all claims submitted under
this Section, that Department shall apply for federal funds made
available therefor and any federal funds so received shall
be paid into the General Revenue Fund in the State Treasury.
School districts or community colleges providing classes under this Section
shall submit applications to the Illinois Community College Board for
preapproval in accordance with the standards established by the Illinois
Community College Board. Payments shall be made by the Illinois Community
College Board based upon approved programs. Interim expenditure reports may
be required by the Illinois Community College Board. Final
claims for the school year shall be submitted to the regional superintendents
for transmittal to the Illinois Community College Board. Final adjusted
payments shall be made by September
30.
If a school district or community college district fails to provide, or
is providing unsatisfactory or insufficient classes under this Section,
the Illinois Community College Board may enter
into agreements with public or
private educational or other agencies other than the public schools for
the establishment of such classes.
(h) If a school district or community college district establishes
child-care
facilities for the children of participants in classes established under
this Section, it may extend the use of these facilities to students who
have obtained employment and to other persons in the community whose
children require care and supervision while the parent or other person in
charge of the children is employed or otherwise absent from the home during
all or part of the day. It may make the facilities available before and
after as well as during regular school hours to school age and preschool
age children who may benefit thereby, including children who require care
and supervision pending the return of their parent or other person in
charge of their care from employment or other activity requiring absence
from the home.
The Illinois Community College Board shall
pay to the board the cost of care
in the facilities for any child who is a recipient of financial aid
under the Illinois Public Aid Code.
The board may charge for care of children for whom it cannot make
claim under the provisions of this Section. The charge shall not exceed
per capita cost, and to the extent feasible, shall be fixed at a level
which will permit utilization by employed parents of low or moderate
income. It may also permit any other State or local governmental agency
or private agency providing care for children to purchase care.
After July 1, 1970 when the provisions of Section 10-20.20 become
operative in the district, children in a child-care facility shall be
transferred to the kindergarten established under that Section for such
portion of the day as may be required for the kindergarten program, and
only the prorated costs of care and training provided in the Center for
the remaining period shall be charged to the Illinois Department of
Human Services or other persons or agencies paying for such care.
(i) The provisions of this Section shall also apply to school
districts having a population exceeding 500,000.
(j) In addition to claiming reimbursement under this Section, a school
district may claim general State aid under Section 18-8.05 for any student
under age 21 who is enrolled in courses accepted for graduation from elementary
or high school and who otherwise meets the requirements of Section 18-8.05.
(Source: P.A. 95-331, eff. 8-21-07.)
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105 ILCS 5/10-22.20a
(105 ILCS 5/10-22.20a) (from Ch. 122, par. 10-22.20a)
Sec. 10-22.20a.
Advanced vocational training program, and career
education. To enter into joint agreements with community college
districts and other school districts for the purpose of providing
career education or advanced vocational training of students in the 11th
and higher grades who desire preparation for a trade. Transportation
for students to any facility covered by a joint agreement as described
in this Section shall be provided by the participating school district,
or by the participating school district in conjunction with other school
districts. Joint agreements entered into under this Section may
include provisions for joint authority to acquire and improve sites,
construct and equip facilities thereon and lease and equip facilities
deemed necessary by the parties to the joint agreement, to maintain
programs and to provide for financing of the foregoing jointly by the
respective parties, all in accordance with the terms of the joint
agreement.
Nothing herein contained shall be construed to restrict or prohibit
the rights of community college districts or school districts to enter
into joint agreements under the provisions of the Intergovernmental
Cooperation Act, as now or hereinafter amended.
The duration of the career education or advanced vocational training
program shall be such period as the school district may approve but it
may not exceed 2 years for any school district pupil. Participation in
the program is accorded the same credit toward a high school diploma as
time spent in other courses.
The participating community college shall bill each participating
student's school district for an amount equal to the per capita cost of
operating the community college attended or a charge for participation
may be made in accordance with the joint agreement between the community
college district and the student's school district. Such agreement
shall not provide for payments in excess of the actual cost of operating
the course or courses in which the student is enrolled. Participating
high schools may use State aid monies to pay the charges.
The community college instructors teaching in such programs need not
be certified by the State Teacher Certification Board.
(Source: P.A. 79-76.)
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105 ILCS 5/10-22.20b
(105 ILCS 5/10-22.20b) (from Ch. 122, par. 10-22.20b)
Sec. 10-22.20b.
To appoint a person, who meets the standards of
qualification and certification established by the Illinois Community College
Board, as director of adult education to be responsible for the development
and general supervision of the adult education program described in Section
10-22.20 and the Adult Education Act.
(Source: P.A. 91-830, eff. 7-1-01.)
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105 ILCS 5/10-22.20c
(105 ILCS 5/10-22.20c) (from Ch. 122, par. 10-22.20c)
Sec. 10-22.20c.
Tutorial programs.
To establish and implement peer
assistance, tutorial programs whereby qualified, able students assist less
able students with their studies and course work, and to provide
appropriate recognition for students furnishing such tutorial services. In
addition, a school board is authorized to cooperate with
institutions of higher education and may accept tutorial services provided
by qualified students of such institutions under the Educational
Partnership Act, as now or hereafter amended.
(Source: P.A. 84-712.)
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105 ILCS 5/10-22.21
(105 ILCS 5/10-22.21) (from Ch. 122, par. 10-22.21)
Sec. 10-22.21.
(Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 89-159, eff. 1-1-96.)
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105 ILCS 5/10-22.21a
(105 ILCS 5/10-22.21a) (from Ch. 122, par. 10-22.21a)
Sec. 10-22.21a.
(Repealed).
(Source: Laws 1967, p. 2186. Repealed by P.A. 89-159, eff. 1-1-96.)
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105 ILCS 5/10-22.21b
(105 ILCS 5/10-22.21b) (from Ch. 122, par. 10-22.21b)
Sec. 10-22.21b.
Administering medication.
To provide for the
administration of medication to students. It shall be the policy of the
State of Illinois that the administration of medication to students during
regular school hours and during school-related activities should be
discouraged unless absolutely necessary for the critical health and
well-being of the student. Under no circumstances shall
teachers or other non-administrative school employees, except certified
school nurses and non-certificated registered professional nurses, be
required
to administer medication to students. This
Section shall not prohibit a school district from adopting guidelines for
self-administration of medication by students. This Section shall not
prohibit any school employee from providing emergency assistance to students.
(Source: P.A. 91-719, eff. 6-2-00.)
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105 ILCS 5/10-22.22
(105 ILCS 5/10-22.22) (from Ch. 122, par. 10-22.22)
Sec. 10-22.22. Transportation for pupils-Tuition.
To provide free transportation for pupils, and where in its judgment the
interests of the district and of the pupils therein will be best subserved
by so doing the school board may permit the pupils in the district or in
any particular grade to attend the schools of other districts and may
permit any pupil to attend an area secondary vocational school operated by
a public school district or a public or non-public vocational school within
the State of Illinois or adjacent states approved by the Board of
Vocational Education, and may provide free transportation for such pupils
and shall pay the tuition of such pupils in the schools attended; such
tuition shall be based upon per capita cost computed in the following
manner: The cost of conducting and maintaining any area secondary
vocational school facility shall be first determined and shall include the
following expenses applicable only to such educational facility under rules
and regulations established by the Board of Vocational Education and
Rehabilitation as follows:
a. Salaries of teachers, vocational counselors, and |
| supporting professional workers, necessary non-certified workers, clerks, custodial employees, and any district taxes specifically for their pension and retirement benefits.
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b. Equipment and supplies necessary for program
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c. Administrative costs.
d. Operation of physical plant, including heat,
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e. Auxiliary service, not including any
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From such total cost thus determined there shall be deducted the State
reimbursement due on account of such educational facility for the same
year, not including any State reimbursement for area secondary vocational
school transportation. Such net cost shall be divided by the average number
of pupils in average daily attendance in such area secondary vocational
school facility for the school year in order to arrive at the net per
capita tuition cost. Such costs shall be computed on pupils regularly
enrolled in an area secondary vocational school on the basis of one-sixth
day for every class hour attended pursuant to such enrollment. Provided,
that the board subject to the approval of the county superintendent of
schools may determine what schools outside of their district such pupils
shall attend. This section does not require the board of directors or board
of education of any district to admit pupils from another district.
(Source: P.A. 94-213, eff. 7-14-05.)
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105 ILCS 5/10-22.22a
(105 ILCS 5/10-22.22a)
Sec. 10-22.22a. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
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