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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 5/34-4.5
(105 ILCS 5/34-4.5)
Sec. 34-4.5. Chronic truants.
(a) Socio-emotional focused attendance intervention. The chief executive officer or the chief executive officer's designee shall implement a socio-emotional focused attendance approach that targets the underlying causes of chronic truancy. For each pupil identified as a chronic truant, as defined in Section 26-2a of this Code, the board may establish an individualized student attendance plan to identify and resolve the underlying cause of the pupil's chronic truancy.
(b) Notices. Prior to the implementation of any truancy intervention services pursuant to subsection (d) of this Section, the
principal of
the school attended by the pupil or the principal's designee shall notify the
pupil's parent or guardian by personal visit, letter, or telephone of each
unexcused absence of the pupil. After giving the parent or guardian notice of
the tenth unexcused absence of the pupil, the principal or the principal's
designee shall send the pupil's parent or guardian a letter, by certified mail,
return receipt requested, notifying the parent or guardian that he or she is
subjecting himself or herself to truancy intervention services as provided under
subsection (d) of this Section.
(c) (Blank).
(d) Truancy intervention services. The chief executive officer or the chief executive officer's designee may require the pupil or the pupil's
parent or guardian or both the pupil and the pupil's parent or guardian to do
any or all of the following: complete a parenting education program;
obtain counseling or other supportive services; and comply with an
individualized
educational plan or service plan as provided by appropriate school officials.
If the parent or guardian of the chronic truant shows that he or she
took reasonable steps to ensure attendance of the pupil at school, he or she
shall not be required to perform services.
(e) Non-compliance with services. Notwithstanding any other provision of law to the contrary, if a pupil determined by the chief executive officer or the chief executive officer's designee to be a chronic truant or the parent or guardian of the pupil fails to fully participate in the services offered
under subsection (d)
of this Section, the chief executive officer or the chief executive officer's designee may refer the
matter to the Department of Human Services, the Department of Healthcare and Family Services, or any other applicable organization or State agency for socio-emotional based intervention and prevention services. Additionally, if the circumstances regarding a pupil identified as a chronic truant reasonably indicate that the pupil may be subject to abuse or neglect, apart from truancy, the chief executive officer or the chief executive officer's designee must report any findings that support suspected abuse or neglect to the Department of Children and Family Services pursuant to the Abused and Neglected Child Reporting Act. A State agency that receives a referral may enter into a data sharing agreement with the school district to share applicable student referral and case data. A State agency that receives a referral from the school district shall implement an intake process that may include a consent form that allows the agency to share information with the school district.
(f) Limitation on applicability. Nothing in this Section shall be construed
to apply to a parent or guardian of a pupil not required to attend a public
school pursuant to Section 26-1.
(Source: P.A. 102-456, eff. 1-1-22; 102-813, eff. 5-13-22.)
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105 ILCS 5/34-5
(105 ILCS 5/34-5) (from Ch. 122, par. 34-5)
Sec. 34-5.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-6
(105 ILCS 5/34-6) (from Ch. 122, par. 34-6)
Sec. 34-6. Superintendent of schools. After June 30, 1999, the board
may, by a vote of a majority of its full membership, appoint a
general superintendent of schools to serve pursuant to a performance-based
contract for a term ending on June 30th of the third calendar year after
his or her appointment. He shall be the chief administrative officer of
the board and shall have charge and
control, subject to the approval of the board and to other
provisions of this Article, of all departments and the
employees therein of public schools, except the law department. He shall
negotiate contracts with all
labor organizations which are exclusive representatives of educational
employees employed under the
Illinois Educational Labor Relations Act. All contracts shall be subject to
approval of the Board of Education. The board may conduct a
national
search for a general superintendent. An incumbent general superintendent
may not be precluded from being included in such national search.
Persons appointed pursuant to this Section shall be exempt from the
provisions and requirements of Sections 21-1a, 21-7.1, and 21B-15 of this Code.
(Source: P.A. 97-607, eff. 8-26-11.)
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105 ILCS 5/34-6.1
(105 ILCS 5/34-6.1) (from Ch. 122, par. 34-6.1)
Sec. 34-6.1.
The president or general superintendent shall 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. 85-942.)
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105 ILCS 5/34-7
(105 ILCS 5/34-7) (from Ch. 122, par. 34-7)
Sec. 34-7.
Establishment of departments.
The board of education shall establish such general departments as it
may deem necessary or appropriate and determine the duties and functions of
each. The heads of such departments shall be appointed by the general
superintendent of schools subject to the approval of a majority of the full
membership of the board. Nothing contained in this Section shall apply to
the law department.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/34-8 (105 ILCS 5/34-8) (from Ch. 122, par. 34-8) Sec. 34-8. Powers and duties of general superintendent. The general superintendent of schools shall prescribe and control,
subject to the approval of the board and to other provisions of this
Article, the courses of study mandated by State law, textbooks,
educational apparatus and equipment, discipline in and conduct of the
schools, and shall perform such other duties as the board may by rule
prescribe. 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 general superintendent may be granted the authority by the board
to hire a specific number of employees to assist in meeting immediate
responsibilities. Conditions of employment for such personnel shall not be
subject to the provisions of Section 34-85. The general superintendent may, pursuant to a delegation of authority by
the board and Section 34-18, approve contracts and expenditures. Pursuant to other provisions of this Article, sites shall be selected,
schoolhouses located thereon and plans therefor approved, and textbooks
and educational apparatus and equipment shall be adopted and purchased
by the board only upon the recommendation of the general superintendent
of schools or by a majority vote of the full membership of the board
and, in the case of textbooks, subject to Article 28 of this Act. The
board may furnish free textbooks to pupils and may publish its own
textbooks and manufacture its own apparatus, equipment and supplies. In addition, in January of each year,
the general
superintendent of schools 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 general superintendent shall also have the authority to monitor the
performance of attendance centers, to identify and place an attendance
center on remediation and probation, and to recommend to the board that the
attendance center be placed on intervention and be reconstituted, subject to
the provisions of Sections 34-8.3 and 8.4. The general superintendent, or his or her designee, shall
conduct an annual evaluation of each principal in the district
pursuant to guidelines promulgated by the Board and the Board approved
principal evaluation form. The evaluation
shall be based on factors, including the following:
(i) student academic improvement, as defined by the
school improvement plan; (ii) student absenteeism rates at the school;
(iii) instructional leadership;
(iv) effective implementation of programs, policies, or strategies to
improve student academic achievement; (v) school management;
and (vi) other factors, including, without limitation, the principal's
communication skills and ability to create and maintain a
student-centered learning environment, to develop
opportunities for professional development, and to encourage parental
involvement and community partnerships to achieve school improvement. Effective no later than September 1, 2012, the general superintendent or his or her designee shall develop a written principal evaluation plan. The evaluation plan must be in writing and shall supersede the evaluation requirements set forth in this Section. The evaluation plan must do at least all of the following: (1) Provide for annual evaluation of all principals | | employed under a performance contract by the general superintendent or his or her designee, no later than July 1st of each year.
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| (2) Consider the principal's specific duties,
| | responsibilities, management, and competence as a principal.
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| (3) Specify the principal's strengths and weaknesses,
| | (4) Align with research-based standards.
(5) Use data and indicators on student growth as a
| | significant factor in rating principal performance.
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| (Source: P.A. 95-496, eff. 8-28-07; 96-861, eff. 1-15-10.)
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105 ILCS 5/34-8.05 (105 ILCS 5/34-8.05) Sec. 34-8.05. Reporting firearms in schools. On or after January 1, 1997, upon receipt of any written, electronic, or verbal report from any school personnel regarding a verified incident involving a firearm in a school or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students or school personnel, the general superintendent or his or her designee shall report all such firearm-related incidents occurring in a school or on school property to the local law enforcement authorities no later than 24 hours after the occurrence of the incident. The general superintendent or the general superintendent's designee shall report any written, electronic, or verbal report of a verified incident involving a firearm to the State Board of Education through existing school incident reporting systems as they occur during the year by no later than July 31 for the previous school year. The State Board of Education shall report the data and make it available to the public via its website. The local law enforcement authority shall, by March 1 of each year, report the required data from the previous year to the Illinois State Police's Illinois Uniform Crime Reporting Program, which shall be included in its annual Crime in Illinois report. As used in this Section, the term "firearm" shall have the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act. (Source: P.A. 102-538, eff. 8-20-21; 103-780, eff. 8-2-24.) |
105 ILCS 5/34-8.1
(105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
Sec. 34-8.1. Principals. Principals shall be employed to supervise the
operation of each attendance center. Their powers and duties shall include
but not be limited to the authority (i) to
direct, supervise, evaluate, and suspend with or without pay or otherwise
discipline all teachers, assistant principals, and other employees assigned to
the attendance center in accordance with board rules and policies and (ii) to
direct
all other persons assigned to the
attendance center pursuant to a contract with a third party to provide services
to the school system. The right to employ, discharge, and layoff shall be
vested solely with the board, provided that decisions to
discharge or suspend
nonlicensed employees, including disciplinary layoffs, and the
termination of licensed employees from employment pursuant to a layoff
or reassignment policy are subject to review under the grievance resolution
procedure adopted pursuant to subsection (c) of Section 10 of the Illinois
Educational Labor Relations Act. The grievance resolution procedure
adopted by the board shall provide for final and binding arbitration, and,
notwithstanding any other provision of law to the contrary, the
arbitrator's decision may include all make-whole relief, including without
limitation reinstatement. The principal shall fill positions by
appointment as provided in this Section and may make recommendations to the
board regarding the employment, discharge, or layoff of any individual. The
authority of the principal shall include the
authority to direct the hours during which the attendance center
shall be open and available for use provided the use complies with board rules
and policies, to determine when and what operations shall be conducted within
those hours, and to schedule staff within those hours. Under the direction of, and subject to the authority
of the principal, the Engineer In Charge shall
be accountable for the safe, economical operation of the plant and grounds
and shall also be responsible for orientation, training,
and supervising the work of Engineers,
Trainees, school maintenance assistants, custodial workers and other plant
operation employees under his or her direction.
There shall be established by the board a system of semi-annual
evaluations conducted by the principal as to performance of the engineer in charge. Nothing
in this Section shall prevent the principal from conducting additional
evaluations. An overall
numerical rating shall be given by the principal based on the evaluation
conducted by the principal. An unsatisfactory numerical rating shall result in
disciplinary
action, which may include, without limitation and in the judgment of the
principal, loss of
promotion
or bidding procedure, reprimand, suspension with or without pay, or
recommended dismissal. The board shall establish
procedures for conducting the
evaluation
and reporting the results to the engineer in charge.
Under the direction of, and subject to the authority of, the principal, the
Food Service Manager is responsible at
all times for the proper operation and maintenance of the lunch room to which
he is assigned and shall also be responsible for the orientation, training, and
supervising the work of cooks, bakers, porters,
and lunchroom attendants under his or
her direction.
There shall be established by the Board a system of semi-annual
evaluations conducted by the principal as to the performance of the food
service manager.
Nothing in this Section shall prevent the principal from conducting
additional evaluations. An overall numerical rating shall be given by the
principal based on the
evaluation conducted by the principal. An unsatisfactory numerical rating
shall
result in disciplinary action which may include, without limitation and in
the judgment of the principal, loss of promotion or bidding procedure,
reprimand, suspension with or without pay, or recommended dismissal. The board
shall establish rules for conducting the evaluation and
reporting the results to the food service manager.
Nothing in this Section shall be interpreted to require the employment or
assignment of an Engineer-In-Charge or a Food Service Manager for each
attendance center.
Principals shall be employed to supervise the educational operation of
each attendance center. If a principal is absent due to extended
illness or leave of absence, an assistant principal may be assigned as
acting principal for a period not to exceed 100 school days. Each principal
shall assume administrative responsibility and instructional leadership, in
accordance with reasonable rules and regulations of the board, for the
planning, operation and evaluation of the educational program of the
attendance center to which he is assigned. The principal shall submit
recommendations to the general superintendent concerning the appointment,
dismissal, retention, promotion, and assignment of all personnel assigned to
the attendance center; provided, that from and after September 1, 1989: (i) if
any vacancy occurs in a position at the
attendance center or if an additional or new position is created at the attendance center, that position shall be filled
by appointment made by the principal in accordance with procedures
established and provided by the Board
whenever the majority of the duties included in that position are to be
performed at the attendance center which is under the principal's supervision,
and each such appointment so made by the principal
shall be made and based upon merit and ability to perform in that position
without regard to seniority or length of service, provided, that such
appointments shall be subject to the Board's desegregation obligations,
including but not limited to the Consent Decree and Desegregation Plan in
U.S. v. Chicago Board of Education; (ii)
the principal shall submit recommendations based upon merit and ability to
perform in the particular position, without regard to
seniority or length of service, to the general
superintendent
concerning the appointment of any teacher, teacher aide, counselor, clerk,
hall guard, security guard and any other personnel which is
to be made by the general superintendent whenever less than
a majority
of the duties of that teacher, teacher aide, counselor, clerk, hall guard,
and security guard and any other personnel are to be performed
at the attendance center which is under the principal's supervision; and
(iii) subject to law and the applicable collective bargaining agreements,
the authority and responsibilities of a principal with respect to the
evaluation of all teachers and other personnel assigned to an attendance
center shall commence immediately upon his or her appointment as principal
of the attendance center, without regard to the length of time that he or
she has been the principal of that attendance center.
Notwithstanding the existence of any other law of this State, nothing in
this Act shall prevent the board from entering into a contract with a third
party for services currently performed by any employee or bargaining unit
member.
Notwithstanding any other provision of this Article, each principal may
approve contracts, binding on the board, in the amount of no more than $10,000,
if the contract is endorsed by the Local School Council.
Unless otherwise prohibited by law or by rule of the board, the principal
shall provide to local
school council members copies of all
internal audits and any other pertinent information generated by any audits or
reviews of the programs and operation of the attendance center.
Each principal shall hold a valid Professional Educator License issued in accordance with Article 21B and endorsed
as required by that Article for the position of principal. The board may
establish or impose clear, specific, explicit, and objective academic,
educational, examination, and experience requirements and
criteria that are in addition
to those established and required by Article 21B for issuance of a valid license
endorsed for the position of principal as a condition of the nomination, selection,
appointment,
employment, or continued employment of a person as principal of any
attendance center or as a condition of the renewal of any principal's
performance contract. If the additional requirements and criteria result or may result in the exclusion of an otherwise qualified and licensed candidate from being eligible for selection to serve as a principal of an attendance center, then the board shall maintain a public database that includes the names of all the candidates who are eligible to be selected as a principal and who do not choose to not have their name included in the database. The board shall give notice of no less than 30 days to all otherwise qualified and licensed candidates each quarter of their ability to be included in the database and shall make updates to the database within no more than 10 days after the end of the quarter for which notice is given.
The board must establish standards and procedures to ensure that no candidate is deemed ineligible to be selected as a principal for reasons that are not directly related to the candidate's anticipated performance as a principal. The standards and procedures established by the board must do all of the following: (1) Set forth all of the specific criteria used by | | the board to make decisions concerning the eligibility of candidates.
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| (2) Provide each candidate with a written,
| | competency-aligned score report and evidence-based rationale related to the scoring criteria for each competency area.
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| (3) Provide remediation goals and other supportive
| | services to assist a candidate in correcting any deficiencies identified by the board in the board's rationale.
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| (4) Include provisions to ensure that no person is
| | discriminated against on the basis of conscious or implicit biases associated with race, color, national origin, or a disability that is unrelated to the person's ability to perform the duties of a principal.
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| The board, in cooperation with the organization that represents the district's principals and assistant principals, must establish a grievance and hearing procedure for those candidates the general superintendent or the general superintendent's designee has deemed ineligible to serve as principal of an attendance center or whose eligibility has been slated for revocation. The evaluator must be a State Board of Education-trained principal evaluator or must receive such training before rendering a decision. The hearing officer must receive sufficient training in principal evaluation processes and criteria to render an informed decision.
Within 10 days after the general superintendent or the general superintendent's designee determines that a candidate is ineligible or makes a decision to revoke the eligibility of an administrator, the general superintendent or the general superintendent's designee must notify the candidate or administrator, in writing, of the specific reasons for the general superintendent's or the general superintendent's designee's determination of the candidate's or administrator's ineligibility. Within 30 days after receiving this notification, the candidate or administrator may request that the general superintendent or the general superintendent's designee initiate a review of the decision through the grievance and hearing process established pursuant to this Section.
In the case of a principal who is deemed ineligible based on a performance evaluation, the evaluator conducting the review must consider as evidence of the principal's performance any local school council evaluation that covers the same evaluation period. If a decision to revoke eligibility is grieved, the administrator shall remain on the eligibility list until the administrator receives a decision in the grievance. However, prior to any hiring decision, the board may communicate to any local school council that the administrator has a grievance pending while the grievance is pending. The grievance decision shall be binding on the principal and the board.
If performance evaluations are included in the criteria used by the board in determining that a principal is no longer eligible to seek a principal position at an attendance center, the board's criteria must use the standard of either an unsatisfactory summative evaluation or 2 or more basic or lower summative performance evaluations within a period of 7 school years, except as provided below in the case of a principal who is in his or her first principal position. A principal with summative performance evaluations of basic in the principal's first 2 school years in that role shall not impact a principal's eligibility status if the principal earns an increased numerical rating in at least one competency domain while maintaining ratings on all other competency domains in the school year immediately following the basic rating. A principal who is deemed ineligible based on a performance evaluation may request that the general superintendent review that determination under the grievance procedure, in which case the general superintendent's designee must be a State Board of Education-trained principal evaluator, and, in conducting that review, the general superintendent's designee must consider any local school council evaluation that covers the same evaluation period. If an individual evaluator rates an individual principal as unsatisfactory for the first time, the board may not determine that a principal is no longer eligible to serve as a principal based on performance evaluations from that evaluator if, during the same school term of service, the local school council's evaluation of the principal's performance was distinguished. If a principal has been deemed ineligible based on a performance evaluation, the principal's status is restored to eligible when the principal receives a proficient or higher summative performance evaluation rating, provided the principal meets all other criteria for eligibility.
The board shall specify in its formal job description for principals,
and from and after July 1, 1990 shall specify in the 4 year
performance contracts for use with respect to all 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.
The principal, with the assistance of the local school council, shall
develop a school improvement plan as provided in Section 34-2.4 and, upon
approval of the plan by the local school council, shall
be responsible for directing implementation of the plan. The principal,
with the assistance of the professional personnel leadership committee, shall
develop the specific methods and contents of the school's curriculum within
the board's system-wide curriculum standards and objectives and the
requirements of the school improvement plan. The board shall ensure that all
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, by illegal use or possession
of weapons, or by illegal gang activity.
Nothing in this Section shall prohibit the board and the exclusive representative of the district's teachers from entering into an agreement under Section 34-85c of this Code to establish alternative procedures for teacher evaluation, remediation, and removal for cause after remediation, including an alternative system for peer evaluation and recommendations, for teachers assigned to schools identified in that agreement.
On or before October 1, 1989, the Board of Education, in consultation
with any professional organization representing principals in the district,
shall promulgate rules and implement a lottery for the purpose of
determining whether a principal's existing performance contract (including
the performance contract applicable to any principal's position in which a
vacancy then exists) expires on June 30, 1990 or on June 30, 1991, and
whether the ensuing 4 year performance contract begins on July 1, 1990 or
July 1, 1991. The Board of Education shall establish and conduct the
lottery in such manner that of all the performance contracts of principals
(including the performance contracts applicable to all principal positions
in which a vacancy then exists), 50% of such contracts shall expire on June
30, 1990, and 50% shall expire on June 30, 1991. All persons serving as
principal on May 1, 1989, and all persons appointed as principal after May
1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner other than
as provided by Section 34-2.3, shall be deemed by operation of
law to be serving under a performance contract which expires on June 30,
1990 or June 30, 1991; and unless such performance contract of any such
principal is renewed (or such person is again appointed to serve as
principal) in the manner provided by Section 34-2.2 or 34-2.3, the
employment of such person as principal shall terminate on June 30, 1990
or June 30, 1991.
Commencing on July 1, 1990, or on July 1, 1991, and thereafter, the
principal of each attendance center shall be the person selected in the
manner provided by Section 34-2.3 to serve as principal of that attendance
center under a 4 year performance contract. All performance contracts of
principals expiring after July 1, 1990, or July 1, 1991, shall commence on
the date specified in the contract, and the renewal of their performance
contracts and the appointment of principals when their performance contracts
are not renewed shall be governed by Sections 34-2.2 and 34-2.3. Whenever a
vacancy in the office of a principal occurs for any reason, the vacancy shall
be filled by the selection of a new principal to serve under a 4 year
performance contract in the manner provided by Section 34-2.3.
The board of education shall develop and prepare, in consultation with
the organization representing principals, a performance contract for
use
at all attendance centers, and shall furnish the same to each local school
council. The term of the performance contract shall be 4 years, unless the
principal is retained by the decision of a hearing officer pursuant to
subdivision 1.5 of Section 34-2.3, in which case the contract shall be
extended for 2 years. The performance
contract of each principal shall consist of the
uniform performance contract, as developed or from time to time modified by the
board, and such additional criteria as are established by a local school
council pursuant to Section 34-2.3 for the performance contract of its
principal.
During the term of his or her performance contract, a principal may be
removed only as provided for in the performance contract except for cause.
He or she shall also be obliged to follow the rules of the board of
education concerning conduct and efficiency.
In the event the performance contract of a principal is not renewed or a
principal is not reappointed as principal under a new performance contract,
or in the event a principal is appointed to any position of
superintendent or higher position, or voluntarily
resigns his position of principal, his or her employment as a principal
shall terminate and such former principal shall not be
reinstated to the position from which he or she was promoted to principal,
except that he or she, if otherwise qualified and licensed in accordance
with Article 21B, shall be placed by the board on appropriate eligibility
lists which it prepares for use in the filling of vacant or additional or
newly created positions for teachers. The principal's total years of
service to the board as both a teacher and a principal, or in other
professional capacities, shall be used in calculating years of experience
for purposes of being selected as a teacher into new, additional or vacant
positions.
In the event the performance contract of a principal is not renewed or
a principal is not reappointed as principal under a new performance
contract, such principal shall be eligible to continue to receive his or
her previously provided level of health insurance benefits for a period of
90 days following the non-renewal of the contract at no expense to the
principal, provided that such principal has not retired.
(Source: P.A. 102-894, eff. 5-20-22; 102-1139, eff. 2-10-23.)
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105 ILCS 5/34-8.1a
(105 ILCS 5/34-8.1a)
Sec. 34-8.1a.
Waiver of collective bargaining agreement provisions.
Notwithstanding the provisions of any law or collective
bargaining agreement to
the
contrary, the principal, with the concurrence of at least 63.5% through August
31, 1995, and 51% thereafter of an
attendance
center's personnel in the teachers' bargaining unit, whether
certificated or uncertificated
non-academic, shall have the right to declare waived and superseded a provision
of the teachers' collective bargaining
agreement as it applies in or at the
attendance center to the bargaining unit's employees.
Any collective bargaining agreement
entered into after the effective date of this amendatory Act of 1995 with a
bargaining unit other than the teachers' bargaining unit shall contain a
waiver procedure that meets
the requirements of this Section.
Any waiver approved as provided in this Section shall be final upon
concurrence of the required percentage of personnel and shall not be subject to
approval or rejection by a bargaining unit or a committee of the bargaining
unit.
(Source: P.A. 88-511; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.1b
(105 ILCS 5/34-8.1b)
Sec. 34-8.1b. (Repealed).
(Source: P.A. 89-15, eff. 5-30-95. Repealed by P.A. 102-1138, eff. 2-10-23.)
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105 ILCS 5/34-8.3
(105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
Sec. 34-8.3. Remediation and probation of attendance centers.
(a) The general superintendent shall monitor the
performance of the
attendance centers within the district and shall
identify
attendance centers, pursuant to criteria that the board shall establish,
in which:
(1) there is a failure to develop, implement, or | | comply with a school improvement plan;
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(2) there is a pervasive breakdown in the educational
| | program as indicated by factors, including, but not limited to, the absence of improvement in student reading and math achievement scores, an increased drop-out rate, a decreased graduation rate, and a decrease in rate of student attendance;
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(3) (blank); or
(4) there is a failure or refusal to comply with the
| | provisions of this Act, other applicable laws, collective bargaining agreements, court orders, or with Board rules which the Board is authorized to promulgate.
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(b) If the general superintendent identifies a
nonperforming school
as described herein, he or she shall place the attendance center on
remediation by developing a remediation plan for the center. The purpose
of the remediation plan shall be to correct the deficiencies in the
performance of the attendance center by one or more of the following methods:
(1) drafting a new school improvement plan;
(2) applying to the board for additional funding for
| | training for the local school council;
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(3) directing implementation of a school improvement
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(4) mediating disputes or other obstacles to reform
| | or improvement at the attendance center.
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Nothing in this Section removes any authority of the local school council, which shall retain the right to reject or modify any school improvement plan or implementation thereof, as long as the rejection or modification of any school improvement plan or implementation thereof is consistent with State and federal requirements.
If, however, the general superintendent determines that
the problems
are not able to be remediated by these methods, the
general superintendent shall place the attendance center on probation.
The board shall establish guidelines that determine the factors for placing
an attendance center on probation.
(c) Each
school placed on probation shall have a school improvement plan
and school budget for correcting deficiencies identified
by the board. The plan shall
include specific steps that the local school council and school staff must
take to correct identified deficiencies and specific objective criteria
by which the
school's subsequent progress will be determined.
The school budget shall include specific expenditures directly calculated to
correct educational and operational deficiencies identified at the school by
the probation team.
(d) Schools placed on probation that, after a maximum of one year, fail
to make
adequate progress in correcting deficiencies are subject to the following actions
by the general superintendent with the approval of the board, after
opportunity for a hearing:
(1) Ordering new local school council elections.
(2) Removing and replacing the principal.
(3) Replacement of faculty members, subject to the
| | provisions of Section 24A-5.
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(4) Reconstitution of the attendance center and
| | replacement and reassignment by the general superintendent of all employees of the attendance center.
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(5) Intervention under Section 34-8.4.
(5.5) Operating an attendance center as a contract
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(6) Closing of the school.
(e) Schools placed on probation shall remain on probation from year to
year until deficiencies are corrected, even if such schools make acceptable
annual progress.
The board shall establish, in writing, criteria for determining whether or
not a school shall remain on probation. If academic achievement tests are used
as the factor for placing a school on probation, the general superintendent
shall consider objective criteria, not just an increase in test scores, in
deciding whether or not a school shall remain on probation. These criteria
shall include attendance, test scores, student mobility rates, poverty rates,
bilingual education eligibility, special education, and English language
proficiency programs, with progress made in these areas being taken into
consideration in deciding whether or not a school shall remain on probation. Such criteria shall be delivered to each local school council on or before October 31 of each year.
(e-5) Notwithstanding any other provision of this Section to the contrary, a school that has been on probation for 5 years or more shall have the following powers restored to its local school council:
(1) to grant approval of the school improvement plan;
| | (2) to approve the school budget.
With respect to the employment, dismissal, and evaluation of a school principal, the local school council of a school that has been on probation for 5 years or more shall conduct a non-binding poll that must be considered by the network chief. The network chief shall work collaboratively with the local school council throughout the process of employment, dismissal, and evaluation of a school principal.
(f) Where the board
has reason to believe that violations of
civil rights, or of civil or criminal law have occurred, or when the general
superintendent deems that the school is in educational crisis it may take
immediate corrective action, including the actions specified in this Section,
without first placing the school on remediation or probation. Nothing
described herein shall limit the authority of the board as provided by any law
of this State. The board shall
develop criteria governing the determination regarding when a school is in
educational crisis. Such criteria shall be delivered to each local school council on or before October 31 of each year.
(g) All persons serving as subdistrict superintendent on May 1, 1995 shall
be deemed by operation of law to be serving under a performance contract which
expires on June 30, 1995, and the employment of each such person as subdistrict
superintendent shall terminate on June 30, 1995. The board shall have no
obligation to compensate any such person as a subdistrict superintendent after
June 30, 1995.
(h) The general superintendent shall, in
consultation with local
school councils, conduct an annual evaluation of each principal in the
district pursuant to guidelines promulgated by the Board of
Education.
(Source: P.A. 102-677, eff. 12-3-21.)
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105 ILCS 5/34-8.3a
(105 ILCS 5/34-8.3a)
Sec. 34-8.3a.
Financial supervision of attendance centers.
(a) A fiscal advisor that has been appointed pursuant to subsection (a) of
Section 34-2.1
of this Code shall, not later than 90 days after his or her appointment, report
to the general
superintendent, the board of education, the local school council, and the
principal of the school on
the progress made in addressing any of the financial deficiencies. If the
fiscal advisor determines
that the attendance center has rectified all identified deficiencies or has made satisfactory
progress in addressing identified deficiencies such that the deficiencies shall be corrected
subsequent to the 90-day period, no further action shall be taken by the
Board. If, however, the local school council and the principal have not
rectified or made satisfactory progress in correcting identified deficiencies,
the general superintendent may appoint a financial supervision team,
consisting of the fiscal advisor, the general superintendent or his or her
designee, and a representative of an outside, independent auditor. Financial
supervision teams may develop and implement school budgets to correct the
financial irregularities identified in the fiscal advisor's report. The
budget shall identify specifically those expenditures that directly correct
the irregularities identified in the fiscal advisor's report. Financial
supervision teams shall institute systems and procedures necessary to achieve
appropriate fiscal management at the school.
(b) Financial supervision teams may modify an existing school improvement
plan only to the extent necessary to implement the school budget it develops.
Modifications to a school improvement plan shall include specific steps that
the local school council and school staff must take to correct each specific
financial irregularity identified by the fiscal advisor's report. The
modifications to a school improvement plan shall further specify objective
criteria by which the deficiencies identified in the fiscal advisor's report
are to be corrected. The local school council and school staff shall be
consulted on the school budget and modifications to the school improvement
plan to be implemented by the financial supervision team but will have no
authority to modify either.
(c) Upon implementation of the budget developed by the financial supervision
team, and accompanying modifications to a school improvement plan, the
financial supervision team's authority to conduct fiscal or related educational
management of a school shall cease.
(Source: P.A. 91-622, eff. 8-19-99.)
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105 ILCS 5/34-8.4
(105 ILCS 5/34-8.4)
Sec. 34-8.4.
Intervention.
The Chicago Schools Academic Accountability Council may recommend to the
Chicago School Reform Board of Trustees that any school placed on remediation
or probation under Section 34-8.3 or schools that for the 3 consecutive
school years of 1992-1993, 1993-1994, and 1994-1995 have met the State Board of
Education's category of "does not meet expectations" be made subject to
intervention under this Section 34-8.4. In addition to any powers created
under this Section, the Trustees shall have all powers created under Section
34-8.3 with respect to schools subjected to intervention.
Prior to subjecting a school to intervention, the Trustees shall conduct a
public hearing and make findings of facts concerning the recommendation of the
Chicago Schools Academic Accountability Council and the factors causing the
failure of the school to adequately perform. The Trustees shall afford an
opportunity at the hearing for interested persons to comment about the
intervention recommendation. After the hearing has been held and completion of
findings of fact,
the Trustees shall make a determination whether to subject the school to
intervention.
If the Trustees determine that a school shall be subject to intervention
under this Section, the Trustees shall develop an intervention implementation
plan and shall cause a performance evaluation to be made of each employee at
the school. Upon consideration of such evaluations, and consistent with the
intervention implementation plan, the Trustees may reassign, layoff, or
dismiss any employees at the attendance center, notwithstanding the provisions
of Sections 24A-5 and 34-85.
The chief educational officer shall appoint a principal for the school and
shall set the terms and conditions of the principal's contract, which in no
case may be longer than 2 years. The principal shall select all teachers and
non-certified personnel for the school as may be necessary. Any provision of
Section 34-8.1 that conflicts with this Section shall not apply to a school
subjected to intervention under this Section.
If pursuant to this Section, the general superintendent, with the approval of
the board, orders new local school council elections, the general
superintendent shall carry out the responsibilities of the local school council
for a school subject to intervention until the new local school council members
are elected and trained.
Each school year, 5% of the supplemental general State aid
funds distributed to a school subject
to intervention during that school year under subsection 5(i)(1)(a)
of part A of Section 18-8 or subsection (H) of Section 18-8.05 shall be
used for employee performance incentives.
The Trustees shall prepare a report evaluating the results of any interventions
undertaken pursuant to this Section and shall make recommendations concerning
implementation of special programs for dealing with underperforming schools on
an ongoing basis. This report shall be submitted to the State Superintendent
of Education and Mayor of the City of Chicago by January 1, 1999.
(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97; 90-548, eff. 1-1-98.)
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105 ILCS 5/34-8.5
(105 ILCS 5/34-8.5)
Sec. 34-8.5.
(Repealed).
(Source: Repealed by P.A. 89-3, eff. 2-27-95.)
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105 ILCS 5/34-8.6
(105 ILCS 5/34-8.6)
Sec. 34-8.6.
Short title.
Sections 34-8.6 through 34-8.19 of this Act
may be cited as the Chicago Learning Zone Implementation Law.
(Source: P.A. 89-3, eff. 2-27-95.)
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105 ILCS 5/34-8.7
(105 ILCS 5/34-8.7)
Sec. 34-8.7.
Findings.
The General Assembly observes that the Chicago
Learning Zone Advisory Committee has issued its report and recommendations.
The General Assembly finds, after due consideration of the Committee's report
and
recommendations, that establishment of a Chicago Learning Zone designation, as
the educational version of enterprise zones, will create an opportunity to
accelerate the process of Chicago school reform. The General Assembly further
finds that the Chicago Learning Zone will offer a fundamental change in
operations from a mode of following regulations to an outcome mode, that this
change will be one which concentrates on improving academic achievement in ways
that can be utilized to reform the system, and that this change will be
predicated on the overriding philosophy that attendance centers should be
empowered to develop models most appropriate to their situations.
The General Assembly further observes that the value of a learning experience
is determined by the outcomes achieved, not by the time or place of attendance;
and, it finds that Learning Zone schools should have the ability to operate
without State laws and regulations, board rules, and policies, and the ability
to operate with contractual waivable conditions by a vote of the school staff
governed by the contracts. Accordingly, the General Assembly finds that the
educational needs of the schoolchildren of Chicago
will be served by establishing a Chicago Learning Zone.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.8
(105 ILCS 5/34-8.8)
Sec. 34-8.8.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.9
(105 ILCS 5/34-8.9)
Sec. 34-8.9.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.10
(105 ILCS 5/34-8.10)
Sec. 34-8.10.
Applications for Learning Zone designation.
The board shall
evaluate applications from attendance centers within
Chicago. Applications shall be in the form prescribed by the board. The
board shall, upon majority vote, grant Learning Zone
designations that, in
its judgment, satisfy the goals and requirements of this Law. The board
shall establish policies and procedures necessary to implement this Law.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.11
(105 ILCS 5/34-8.11)
Sec. 34-8.11.
Evaluation criteria.
In determining whether to grant
Learning Zone designation, the board shall consider the
following factors:
(1) The extent to which the application demonstrates that improved student
learning will be the paramount priority and outcome;
(2) Proposed adoption of high, rigorous standards of achievement and outcome
for all students and staff;
(3) Proposed use of shared, collegial decision-making;
(4) Creative, flexible, and innovative proposed restructuring of the
applicant attendance centers to create student-centered learning environments;
(5) Parental and community integration and involvement;
(6) Development of collaborative relationships with health and human
services agencies;
(7) Ability to function on a localized, decentralized basis within the
Chicago public school system;
(8) Appropriateness of budget and resource allocations, including those
functions to be assumed and those to remain centralized;
(9) Impact of the statutes, regulations, rules, and policies for which
waivers are sought; and
(10) Such other factors, not confined to the foregoing, that are fiscally
sound and reasonably determinative of successful student outcome.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.12
(105 ILCS 5/34-8.12)
Sec. 34-8.12.
Attendance center support.
Applications for Learning Zone
designation must include evidence that the application is supported by the
principal of the attendance center and by a majority vote of the Local School
Council and attendance center staff. Applications shall include that
evidence for each participating attendance center.
(Source: P.A. 89-3, eff. 2-27-95.)
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105 ILCS 5/34-8.13
(105 ILCS 5/34-8.13)
Sec. 34-8.13.
Learning Zone designation principles.
In performing its
duties under this Law, the board shall be guided by the
following
additional principles:
(1) Learning Zone designations should be effective for an initial period of
no less than 3 and no more than 6 years;
(2) Learning Zone designations should encompass clusters of
attendance
centers through joint application from secondary and feeder elementary
schools or in other reasonably related clusters;
(3) Learning Zone designations should encompass, in the aggregate,
approximately 10% of the students enrolled in attendance centers within
Chicago;
(4) Learning Zone designations should, in the aggregate, be reflective
of
the racial and ethnic diversity and demography of students enrolled in
attendance centers within Chicago;
(5) Learning Zone designations should be fully operational commencing with
the 1996-97 school year; and
(6) Learning Zone designation renewals, revisions, and applications for
additional waivers of statutes, regulations, rules, and policies should be
evaluated in light of the goals of this Law.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.14
(105 ILCS 5/34-8.14)
Sec. 34-8.14. Non-waivable provisions. Notwithstanding anything in this Code to
the contrary, statutes, regulations, rules, and policy provisions concerning
the following shall not be waivable:
(1) student civil rights;
(2) staff civil rights;
(3) health and safety;
(4) performance and financial audits;
(5) Local School Council provisions, including | | required statements of economic disclosure;
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(6) the Open Meetings Act;
(7) the Freedom of Information Act;
(8) the assessments required under Section 2-3.64a-5
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(9) Chicago learning outcomes;
(10) Sections 2-3.25a through 2-3.25j of this Code;
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(11) collective bargaining agreements.
(Source: P.A. 98-972, eff. 8-15-14.)
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105 ILCS 5/34-8.15
(105 ILCS 5/34-8.15)
Sec. 34-8.15.
Reports.
The board shall
file reports
describing statutory waivers encompassed in the Learning Zone designations it
grants under Section 34-8.10 with
the House of Representatives, the Senate, and the Secretary of State before
October 1, 1995 and thereafter before each May 1 and October 1. The provisions
in the report or as amended by the General Assembly shall take effect as
provided by law.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.16
(105 ILCS 5/34-8.16)
Sec. 34-8.16.
Disapproval or amendment of reports.
The General Assembly
may disapprove the report of the board in whole, or amend it
within 30
calendar days after each house of the legislature next convenes after the
report
is filed, by adoption of a resolution by a record vote of the majority of the
members elected in each house directed to the board. The
resolution shall
be binding upon the board. Reports shall become effective
if the General
Assembly fails to disapprove or amend the report within the 30 day period.
For the initial report that the board is required to file
before October
1, 1995, the General Assembly may, by January 1, 1996, disapprove the report
of the board in whole or amend it, after the report is
filed, by the
adoption of a resolution by a record vote of the majority of the members. The
initial report shall become effective if the General Assembly fails to
disapprove or amend the report by January 1, 1996.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.17
(105 ILCS 5/34-8.17)
Sec. 34-8.17. Lump-sum allocation; key centralized functions. Final
designation as a Learning Zone under this Law shall entitle the participating
attendance centers to receive funds in lump-sum allocations, to budget and
spend those funds, and to operate in accordance with the designation and this
Law. Lump-sum allocations shall be based on the number of enrolled regular
and special needs students and shall include all operating funds for
compensation, supplies, equipment, repairs, energy, maintenance,
transportation,
and
professional services, and all special funds that follow special populations,
including desegregation, special education, bilingual, federal, and State
Chapter 1 funds. A sum equal to 3.2% of operating funds shall be deducted by
the board to provide key centralized functions,
unless a
designated Learning Zone obtains one or more of those functions elsewhere, in
which case the sum shall be appropriately adjusted. As used
in this Law, key centralized functions shall mean:
(1) Equity assurance staff to ensure that services | | are maintained for students with disabilities, English learners, low-income students, and any other special need students as required by federal law;
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(2) Payroll services and background and credential
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(3) Budget and treasury services to levy and collect
| | taxes and distribute lump-sum funding;
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(4) Central computer systems providing information
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(5) On-line data collection and analysis centers for
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(6) Emergency pool funding; and
(7) Legal and labor departmental services for
| | system-wide litigation and collective bargaining negotiations.
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(Source: P.A. 99-30, eff. 7-10-15.)
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105 ILCS 5/34-8.18
(105 ILCS 5/34-8.18)
Sec. 34-8.18.
The board shall revoke Learning Zone
designation and
the attendance center or centers involved shall return to their prior status
upon a finding of:
(1) A material violation of conditions, standards, or | | procedures established in the designation or this Law;
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(2) Failure to meet or make reasonable progress
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(3) Failure to meet generally accepted standards of
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(4) Conditions jeopardizing the health or safety of
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Technical assistance designed to resolve items (1) through (4) may, in the
discretion of the board, be provided to attendance centers
prior to or in
lieu of revocation of Learning Zone designations.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.19
(105 ILCS 5/34-8.19)
Sec. 34-8.19.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-9
(105 ILCS 5/34-9) (from Ch. 122, par. 34-9)
Sec. 34-9.
Report
and estimates.
On or before December 1, 1972, on or before December 1, 1973, on or
before August 1, 1974 and on or before August 1 of each fiscal year
thereafter, the general superintendent of schools shall submit to the board
a report containing:
1. A separate balance sheet for each fund under the | | control of the board, showing, by classes, the estimated current assets and liabilities thereof as of the beginning of the next fiscal year and the amounts of such assets available for appropriation in such year, either for expenditures or charges to be made or incurred during such year or for liabilities unpaid at the beginning thereof. Estimates of taxes to be received from prior levies shall be net, after deducting amounts sufficient to cover the loss and cost of collecting taxes and also deferred collections thereof and abatements in the amount of taxes extended or to be extended upon the collectors' books. Estimates of the liabilities of the respective funds shall include (a) all final judgments, and accrued interest thereon, entered against the board and unpaid at the beginning of such next fiscal year, (b) the principal of all general obligation notes or anticipation tax warrants and all temporary loans and all accrued interest thereon unpaid at the beginning of such next fiscal year, (c) any amount for which the board is required to reimburse the working cash fund from the educational purposes fund pursuant to the provisions of Sections 34-30 to 34-36 inclusive, and (d) estimates of all accounts payable including estimates of audited vouchers, participation certificates, interfund loans and purchase orders payable.
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2. Detailed estimates, by funds, of all taxes to be
| | levied for the next fiscal year and of all other current revenues to be derived from other sources, which will be applicable to expenditures or charges to be made or incurred during such year. In estimating taxes to be levied for any purpose, except for the payment of bonded indebtedness or interest thereon and except for pension fund or working cash fund purposes, the general superintendent of schools shall be governed by the limitations in Sections 34-43 to 34-52, inclusive.
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3. Estimates, by funds, of the amounts necessary for
| | the board to appropriate for expenditures or charges to be made or incurred during the next succeeding fiscal year, including estimates of the interest to accrue during such year upon general obligation notes or anticipation tax warrants and temporary loans. Such estimates shall be so classified as to show the different objects and purposes for which expenditures or charges are to be made or incurred and the amount required for each object or purpose.
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4. Such other information concerning the financial
| | affairs of the board as the board may prescribe.
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(Source: P.A. 77-2734 .)
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105 ILCS 5/34-10
(105 ILCS 5/34-10) (from Ch. 122, par. 34-10)
Sec. 34-10.
Revised report-Amendments-Excessive appropriations.
Within the first 15 days of each fiscal year the general superintendent
of schools may submit to the board a revised report on all matters
specified in Section 34-9, upon the basis of information then available,
and may submit amendments to such report at any time prior to the passage
of the annual school budget. He shall also submit to the board, whenever
requested by it, any additional or supplemental information he may have
concerning matters upon which he is required to report. He shall, within 10
days after the first regular meeting of the board occurring not less than 7
days after the adoption of the school budget, report to the board the
extent to which and in what respects, if any, the appropriations contained
in such budget in his judgment exceed the appropriations which the board is
by law authorized to make.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/34-11
(105 ILCS 5/34-11) (from Ch. 122, par. 34-11)
Sec. 34-11.
Duties of general counsel; assistants.
The board by a majority vote of its full membership shall appoint a general
counsel who shall have charge and control, subject to the approval of the
board, of the law department and of all litigation, legal questions and
such other legal matters as may be referred to the department by the board
or by the general superintendent of schools. Appointments, promotions and
discharge of assistant attorneys shall be made by a majority of the board
upon recommendation of the attorney or by a majority vote of the full
membership of the board. The general counsel shall hold this
office for an
indefinite term subject to removal by a majority vote of the full
membership of the board. In this Article, "attorney"
means general
counsel.
(Source: P.A. 91-622, eff. 8-19-99.)
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105 ILCS 5/34-12
(105 ILCS 5/34-12) (from Ch. 122, par. 34-12)
Sec. 34-12.
Participation in meetings by superintendent and attorney.
The general superintendent of schools and the general counsel may be present at
all meetings of the board and shall have a right to take part in its
discussions and deliberations, but shall have no vote.
(Source: P.A. 91-622, eff. 8-19-99.)
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105 ILCS 5/34-13
(105 ILCS 5/34-13) (from Ch. 122, par. 34-13)
Sec. 34-13.
Appointment, removal or suspension of attorney and
assistants. The appointment and removal of the general superintendent of
schools, heads of general departments now in existence or hereafter
established, the general counsel, and all assistant attorneys
shall not be subject
to the civil service law. The heads of general departments now in existence
or hereafter established may be removed by a majority vote of the full
membership of the board upon the recommendation of the general
superintendent of schools or by a majority vote of the full membership
of the board.
(Source: P.A. 91-622, eff. 8-19-99.)
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105 ILCS 5/34-13.1
(105 ILCS 5/34-13.1)
Sec. 34-13.1. Inspector General.
(a) The Inspector General and his office in existence on the effective date
of this amendatory Act of 1995 shall be transferred to the jurisdiction of the
board upon appointment of the Chicago School Reform Board of Trustees. The
Inspector General shall have the authority
to conduct investigations into allegations of or incidents of waste, fraud, and
financial mismanagement in public education within the jurisdiction of the
board by a local school council
member or an
employee, contractor, or member of the board or involving
school projects
managed or handled by the Public Building Commission. The Inspector General
shall make recommendations to the board about the
investigations.
The Inspector General in office on the effective date of this amendatory Act
of 1996 shall serve for a term expiring on June 30, 1998. His or her
successors in office shall each be appointed by the Mayor, without the consent
or approval of the City Council, for 4 year terms expiring on June 30th of an
even numbered year; however, beginning January 15, 2025, successors shall be appointed by the board instead of the Mayor.
If the Inspector General leaves office or if a vacancy in that office otherwise occurs, the
Mayor shall appoint, without the consent or
approval of the City Council, a successor to serve under this Section for the
remainder of the unexpired term; however, beginning January 15, 2027, successors shall be appointed by the board instead of the Mayor. The
Inspector General shall be independent of the operations of the board and
the School Finance Authority, and shall perform other duties requested by the
board.
(b) The Inspector General shall have access to all
information and personnel necessary to perform the duties of the
office. If the Inspector General determines that a possible
criminal act has been committed or that special expertise is
required in the investigation, he or she shall immediately notify
the Chicago Police Department and the Cook County State's
Attorney. All investigations conducted by the Inspector General
shall be conducted in a manner that ensures the preservation of
evidence for use in criminal prosecutions.
(c) At all times the Inspector General shall be granted
access to any building or facility that is owned, operated, or
leased by the board, the Public Building Commission, or the
city in trust
and for the use and benefit of the schools of the district.
(d) The Inspector General shall have the power to subpoena
witnesses and compel the production of books and papers pertinent
to an investigation authorized by this Code. Any person who (1)
fails to appear in response to a subpoena; (2) fails to answer
any question; (3) fails to produce any books or papers pertinent
to an investigation under this Code; or (4) knowingly gives
false testimony during an investigation under this Code, is
guilty of a Class A misdemeanor.
(e) The Inspector General shall provide to the board and
the Illinois General Assembly a summary of reports and
investigations made under this Section for the previous fiscal
year no later than January 1 of each year, except that the Inspector General
shall provide the summary of reports and investigations made under this Section
for the period commencing July 1, 1998 and ending April 30, 1999 no later than
May 1, 1999. The summaries shall detail the final disposition of those
recommendations. The summaries shall not contain any confidential or
identifying information concerning the subjects of the reports and
investigations. The summaries shall also include detailed recommended
administrative actions and matters for consideration by the General Assembly.
(f) (Blank).
(g) (Blank).
(Source: P.A. 102-177, eff. 6-1-22 .)
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105 ILCS 5/34-14
(105 ILCS 5/34-14) (from Ch. 122, par. 34-14)
Sec. 34-14.
Section 34-15 Not limited by Sections 34-6 To 34-13.
Nothing contained in Sections 34-6, 34-7, 34-8, 34-9, 34-10, 34-11, 34-12, or
34-13 of this Act shall in any wise be construed to limit
the scope, effect and applicability of Section 34-15 of this Act.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/34-15
(105 ILCS 5/34-15) (from Ch. 122, par. 34-15)
Sec. 34-15.
Other officers and employees.
The board may appoint, or provide
for the appointment
of, such other officers and employees as it deems necessary.
(Source: P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-15a
(105 ILCS 5/34-15a) (from Ch. 122, par. 34-15a)
Sec. 34-15a.
Active military service.
Any certificated or
non-certificated employee of the Board of Education 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 Board of Education 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
board of education 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 board of education or district policy shall
be controlling.
(Source: P.A. 92-660, eff. 7-16-02.)
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105 ILCS 5/34-16
(105 ILCS 5/34-16) (from Ch. 122, par. 34-16)
Sec. 34-16.
Powers of board respecting officers and employees.
The board shall, subject to the limitations in this Article, prescribe
the duties, compensation and terms of office of its officers and the
duties, compensation and terms of employment of its employees and determine
which of its officers and employees shall give bond, on what conditions,
and in what amount.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/34-17
(105 ILCS 5/34-17) (from Ch. 122, par. 34-17)
Sec. 34-17.
Powers not exercised by city council.
No power vested in the board or in any of its officers, agents or
employees shall be exercised by the city council.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/34-18
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
Sec. 34-18. Powers of the board. The board shall exercise general
supervision and jurisdiction over the public education and the public
school system of the city, and, except as otherwise provided by this
Article, shall have power:
1. To make suitable provision for the establishment | | and maintenance throughout the year or for such portion thereof as it may direct, not less than 9 months and in compliance with Section 10-19.05, of schools of all grades and kinds, including normal schools, high schools, night schools, schools for defectives and delinquents, parental and truant schools, schools for the blind, the deaf, and persons with physical disabilities, schools or classes in manual training, constructural and vocational teaching, domestic arts, and physical culture, vocation and extension schools and lecture courses, and all other educational courses and facilities, including establishing, equipping, maintaining and operating playgrounds and recreational programs, when such programs are conducted in, adjacent to, or connected with any public school under the general supervision and jurisdiction of the board; provided that the calendar for the school term and any changes must be submitted to and approved by the State Board of Education before the calendar or changes may take effect, and provided that in allocating funds from year to year for the operation of all attendance centers within the district, the board shall ensure that supplemental general State aid or supplemental grant funds are allocated and applied in accordance with Section 18-8, 18-8.05, or 18-8.15. To admit to such schools without charge foreign exchange students who are participants in an organized exchange student program which is authorized by the board. The board shall permit all students to enroll in apprenticeship programs in trade schools operated by the board, whether those programs are union-sponsored or not. No student shall be refused admission into or be excluded from any course of instruction offered in the common schools by reason of that student's sex. No student shall be denied equal access to physical education and interscholastic athletic programs supported from school district funds or denied participation in comparable physical education and athletic programs solely by reason of the student's sex. Equal access to programs supported from school district funds and comparable programs will be defined in rules promulgated by the State Board of Education in consultation with the Illinois High School Association. Notwithstanding any other provision of this Article, neither the board of education nor any local school council or other school official shall recommend that children with disabilities be placed into regular education classrooms unless those children with disabilities are provided with supplementary services to assist them so that they benefit from the regular classroom instruction and are included on the teacher's regular education class register;
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2. To furnish lunches to pupils, to make a reasonable
| | charge therefor, and to use school funds for the payment of such expenses as the board may determine are necessary in conducting the school lunch program;
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3. To co-operate with the circuit court;
4. To make arrangements with the public or
| | quasi-public libraries and museums for the use of their facilities by teachers and pupils of the public schools;
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5. To employ dentists and prescribe their duties for
| | the purpose of treating the pupils in the schools, but accepting such treatment shall be optional with parents or guardians;
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6. To grant the use of assembly halls and classrooms
| | when not otherwise needed, including light, heat, and attendants, for free public lectures, concerts, and other educational and social interests, free of charge, under such provisions and control as the principal of the affected attendance center may prescribe;
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7. To apportion the pupils to the several schools;
| | provided that no pupil shall be excluded from or segregated in any such school on account of his color, race, sex, or nationality. The board shall take into consideration the prevention of segregation and the elimination of separation of children in public schools because of color, race, sex, or nationality. Except that children may be committed to or attend parental and social adjustment schools established and maintained either for boys or girls only. All records pertaining to the creation, alteration or revision of attendance areas shall be open to the public. Nothing herein shall limit the board's authority to establish multi-area attendance centers or other student assignment systems for desegregation purposes or otherwise, and to apportion the pupils to the several schools. Furthermore, beginning in school year 1994-95, pursuant to a board plan adopted by October 1, 1993, the board shall offer, commencing on a phased-in basis, the opportunity for families within the school district to apply for enrollment of their children in any attendance center within the school district which does not have selective admission requirements approved by the board. The appropriate geographical area in which such open enrollment may be exercised shall be determined by the board of education. Such children may be admitted to any such attendance center on a space available basis after all children residing within such attendance center's area have been accommodated. If the number of applicants from outside the attendance area exceed the space available, then successful applicants shall be selected by lottery. The board of education's open enrollment plan must include provisions that allow low-income students to have access to transportation needed to exercise school choice. Open enrollment shall be in compliance with the provisions of the Consent Decree and Desegregation Plan cited in Section 34-1.01;
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8. To approve programs and policies for providing
| | transportation services to students. 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;
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9. Subject to the limitations in this Article, to
| | establish and approve system-wide curriculum objectives and standards, including graduation standards, which reflect the multi-cultural diversity in the city and are consistent with State law, provided that for all purposes of this Article courses or proficiency in American Sign Language shall be deemed to constitute courses or proficiency in a foreign language; and to employ principals and teachers, appointed as provided in this Article, and fix their compensation. The board shall prepare such reports related to minimal competency testing as may be requested by the State Board of Education and, in addition, shall monitor and approve special education and bilingual education programs and policies within the district to ensure that appropriate services are provided in accordance with applicable State and federal laws to children requiring services and education in those areas;
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10. To employ non-teaching personnel or utilize
| | volunteer personnel for: (i) non-teaching duties not requiring instructional judgment or evaluation of pupils, including library duties; and (ii) supervising study halls, long distance teaching reception areas used incident to instructional programs transmitted by electronic media such as computers, video, and audio, detention and discipline areas, and school-sponsored extracurricular activities. The board may further utilize volunteer nonlicensed personnel or employ nonlicensed personnel to assist in the instruction of pupils under the immediate supervision of a teacher holding a valid educator license, directly engaged in teaching subject matter or conducting activities; provided that the teacher shall be continuously aware of the nonlicensed persons' activities and shall be able to control or modify them. The general superintendent shall determine qualifications of such personnel and shall prescribe rules for determining the duties and activities to be assigned to such personnel;
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10.5. To utilize volunteer personnel from a regional
| | School Crisis Assistance Team (S.C.A.T.), created as part of the Safe to Learn Program established pursuant to Section 25 of the Illinois Violence Prevention Act of 1995, to provide assistance to schools in times of violence or other traumatic incidents within a school community by providing crisis intervention services to lessen the effects of emotional trauma on individuals and the community; the School Crisis Assistance Team Steering Committee shall determine the qualifications for volunteers;
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11. To provide television studio facilities in not to
| | exceed one school building and to provide programs for educational purposes, provided, however, that the board shall not construct, acquire, operate, or maintain a television transmitter; to grant the use of its studio facilities to a licensed television station located in the school district; and to maintain and operate not to exceed one school radio transmitting station and provide programs for educational purposes;
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12. To offer, if deemed appropriate, outdoor
| | education courses, including field trips within the State of Illinois, or adjacent states, and to use school educational funds for the expense of the said outdoor educational programs, whether within the school district or not;
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13. During that period of the calendar year not
| | embraced within the regular school term, to provide and conduct courses in subject matters normally embraced in the program of the schools during the regular school term and to give regular school credit for satisfactory completion by the student of such courses as may be approved for credit by the State Board of Education;
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14. To insure against any loss or liability of the
| | board, the former School Board Nominating Commission, Local School Councils, the Chicago Schools Academic Accountability Council, or the former Subdistrict Councils or of any member, officer, agent, or employee thereof, resulting from alleged violations of civil rights arising from incidents occurring on or after September 5, 1967 or from the wrongful or negligent act or omission of any such person whether occurring within or without the school premises, provided the officer, agent, or employee was, at the time of the alleged violation of civil rights or wrongful act or omission, acting within the scope of his or her employment or under direction of the board, the former School Board Nominating Commission, the Chicago Schools Academic Accountability Council, Local School Councils, or the former Subdistrict Councils; and to provide for or participate in insurance plans for its officers and employees, including, but not limited to, retirement annuities, medical, surgical and hospitalization benefits in such types and amounts as may be determined by the board; provided, however, that the board shall contract for such insurance only with an insurance company authorized to do business in this State. Such insurance may include provision for employees who rely on treatment by prayer or spiritual means alone for healing, in accordance with the tenets and practice of a recognized religious denomination;
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15. To contract with the corporate authorities of any
| | municipality or the county board of any county, as the case may be, to provide for the regulation of traffic in parking areas of property used for school purposes, in such manner as is provided by Section 11-209 of the Illinois Vehicle Code;
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16. (a) 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 purposes 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 paragraph 16, "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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17. (a) To sell or market any computer program
| | developed by an employee of the school district, provided that such employee developed the computer program as a direct result of his or her duties with the school district or through the utilization of school district resources or facilities. The employee who developed the computer program shall be entitled to share in the proceeds of such sale or marketing of the computer program. The distribution of such proceeds between the employee and the school district shall be as agreed upon by the employee and the school district, except that neither the employee nor the school district may receive more than 90% of such proceeds. The negotiation for an employee who is represented by an exclusive bargaining representative may be conducted by such bargaining representative at the employee's request.
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(b) For the purpose of this paragraph 17:
(1) "Computer" means an internally programmed,
| | general purpose digital device capable of automatically accepting data, processing data and supplying the results of the operation.
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(2) "Computer program" means a series of coded
| | instructions or statements in a form acceptable to a computer, which causes the computer to process data in order to achieve a certain result.
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(3) "Proceeds" means profits derived from the
| | marketing or sale of a product after deducting the expenses of developing and marketing such product;
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18. To delegate to the general superintendent of
| | schools, by resolution, the authority to approve contracts and expenditures in amounts of $35,000 or less;
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19. Upon the written request of an employee, to
| | withhold from the compensation of that employee any dues, payments, or contributions payable by such employee to any labor organization as defined in the Illinois Educational Labor Relations Act. Under such arrangement, an amount shall be withheld from each regular payroll period which is equal to the pro rata share of the annual dues plus any payments or contributions, and the board shall transmit such withholdings to the specified labor organization within 10 working days from the time of the withholding;
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19a. Upon receipt of notice from the comptroller of a
| | municipality with a population of 500,000 or more, a county with a population of 3,000,000 or more, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or a housing authority of a municipality with a population of 500,000 or more that a debt is due and owing the municipality, the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or the housing authority by an employee of the Chicago Board of Education, to withhold, from the compensation of that employee, the amount of the debt that is due and owing and pay the amount withheld to the municipality, the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or the housing authority; provided, however, that the amount deducted from any one salary or wage payment shall not exceed 25% of the net amount of the payment. Before the Board deducts any amount from any salary or wage of an employee under this paragraph, the municipality, the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or the housing authority shall certify that (i) the employee has been afforded an opportunity for a hearing to dispute the debt that is due and owing the municipality, the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or the housing authority and (ii) the employee has received notice of a wage deduction order and has been afforded an opportunity for a hearing to object to the order. For purposes of this paragraph, "net amount" means that part of the salary or wage payment remaining after the deduction of any amounts required by law to be deducted and "debt due and owing" means (i) a specified sum of money owed to the municipality, the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or the housing authority for services, work, or goods, after the period granted for payment has expired, or (ii) a specified sum of money owed to the municipality, the county, the Cook County Forest Preserve District, the Chicago Park District, the Metropolitan Water Reclamation District, the Chicago Transit Authority, or the housing authority pursuant to a court order or order of an administrative hearing officer after the exhaustion of, or the failure to exhaust, judicial review;
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20. The board is encouraged to employ a sufficient
| | number of licensed school counselors to maintain a student/counselor ratio of 250 to 1. Each counselor shall spend at least 75% of his work time in direct contact with students and shall maintain a record of such time;
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21. To make available to students vocational and
| | career counseling and to establish 5 special career counseling days for students and parents. On these days representatives of local businesses and industries shall be invited to the school campus and shall inform students of career opportunities available to them in the various businesses and industries. Special consideration shall be given to counseling minority students as to career opportunities available to them in various fields. For the purposes of this paragraph, minority student means a person who is any of the following:
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(a) American Indian or Alaska Native (a person having
| | origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).
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| (b) Asian (a person having origins in any of the
| | original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).
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| (c) Black or African American (a person having
| | origins in any of the black racial groups of Africa).
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| (d) Hispanic or Latino (a person of Cuban, Mexican,
| | Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).
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| (e) Native Hawaiian or Other Pacific Islander (a
| | person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).
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Counseling days shall not be in lieu of regular
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22. 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;
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23. 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;
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24. To develop a policy, based on the current state
| | of existing school facilities, projected enrollment, and efficient utilization of available resources, for capital improvement of schools and school buildings within the district, addressing in that policy both the relative priority for major repairs, renovations, and additions to school facilities and the advisability or necessity of building new school facilities or closing existing schools to meet current or projected demographic patterns within the district;
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25. To make available to the students in every high
| | school attendance center the ability to take all courses necessary to comply with the Board of Higher Education's college entrance criteria effective in 1993;
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26. To encourage mid-career changes into the teaching
| | profession, whereby qualified professionals become licensed teachers, by allowing credit for professional employment in related fields when determining point of entry on the teacher pay scale;
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27. To provide or contract out training programs for
| | administrative personnel and principals with revised or expanded duties pursuant to this Code in order to ensure they have the knowledge and skills to perform their duties;
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28. To establish a fund for the prioritized special
| | needs programs, and to allocate such funds and other lump sum amounts to each attendance center in a manner consistent with the provisions of part 4 of Section 34-2.3. Nothing in this paragraph shall be construed to require any additional appropriations of State funds for this purpose;
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29. (Blank);
30. Notwithstanding any other provision of this Act
| | or any other law to the contrary, to contract with third parties for services otherwise performed by employees, including those in a bargaining unit, and to layoff those employees upon 14 days written notice to the affected employees. Those contracts may be for a period not to exceed 5 years and may be awarded on a system-wide basis. The board may not operate more than 30 contract schools, provided that the board may operate an additional 5 contract turnaround schools pursuant to item (5.5) of subsection (d) of Section 34-8.3 of this Code, and the governing bodies of contract schools are subject to the Freedom of Information Act and Open Meetings Act;
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31. To promulgate rules establishing procedures
| | governing the layoff or reduction in force of employees and the recall of such employees, including, but not limited to, criteria for such layoffs, reductions in force or recall rights of such employees and the weight to be given to any particular criterion. Such criteria shall take into account factors, including, but not limited to, qualifications, certifications, experience, performance ratings or evaluations, and any other factors relating to an employee's job performance;
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32. To develop a policy to prevent nepotism in the
| | hiring of personnel or the selection of contractors;
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33. (Blank); and
34. To establish a Labor Management Council to the
| | board comprised of representatives of the board, the chief executive officer, and those labor organizations that are the exclusive representatives of employees of the board and to promulgate policies and procedures for the operation of the Council.
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The specifications of the powers herein granted are not to be
construed as exclusive, but the board shall also exercise all other
powers that may be requisite or proper for the maintenance and the
development of a public school system, not inconsistent with the other
provisions of this Article or provisions of this Code which apply to all
school districts.
In addition to the powers herein granted and authorized to be exercised
by the board, it shall be the duty of the board to review or to direct
independent reviews of special education expenditures and services.
The board shall file a report of such review with the General Assembly on
or before May 1, 1990.
(Source: P.A. 102-465, eff. 1-1-22; 102-558, eff. 8-20-21; 102-894, eff. 5-20-22; 103-8, eff. 1-1-24 .)
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105 ILCS 5/34-18.1
(105 ILCS 5/34-18.1) (from Ch. 122, par. 34-18.1)
Sec. 34-18.1.
Protection from suit.
The board shall insure
or indemnify and protect the board, Chicago Schools Academic Accountability
Council, former School Board Nominating Commission, Local School
Councils, or former Subdistrict Councils, any member of the board,
Chicago Schools Accountability Council, former School Board Nominating
Commission, Local School Council, or former Subdistrict
Council, or any agent, employee, teacher, student teacher, officer, or
member of the supervisory staff of the school district against financial
loss and expense, including reasonable legal fees and costs arising out of
any claim, demand, suit, or judgment by reason of alleged negligence,
alleged violation of civil rights occurring on or after September 5, 1967,
or alleged wrongful act resulting in death or bodily injury to any person
or accidental damage to or destruction of property, within or without the
school premises, provided such board member, agent, employee, teacher,
student teacher, officer or member of the supervisory staff, at the time of
the occurrence was acting under the direction of the board within the
course or scope of his duties.
(Source: P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-18.2
(105 ILCS 5/34-18.2) (from Ch. 122, par. 34-18.2)
Sec. 34-18.2.
Bilingual programs.
The Board of Education may provide programs in a language other than
English for those children whose first language is other than English.
Such programs are subject to the approval of the State Board of Education
pursuant to Article 14C of The School Code. Upon
approval of the program the Board shall be entitled to payment from the
State of Illinois for the services and materials required.
(Source: P.A. 81-1508.)
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105 ILCS 5/34-18.3
(105 ILCS 5/34-18.3) (from Ch. 122, par. 34-18.3)
Sec. 34-18.3.
The Board of Education is authorized to establish and
implement peer assistance, tutorial programs whereby qualified, able
students assist less able students with their studies and course work. As
a part of such program the Board shall award appropriate recognition to
students furnishing such tutorial services. In addition, the 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 5/34-18.4
(105 ILCS 5/34-18.4) (from Ch. 122, par. 34-18.4)
Sec. 34-18.4.
Before and after school programs.
The Board of Education
may 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 5/34-18.5
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
Sec. 34-18.5. Criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database. (a) Licensed and nonlicensed applicants for
employment with the school district 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 disqualifying, enumerated criminal or drug offense 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, or 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 Illinois State Police, to the Illinois State Police. The regional
superintendent submitting the requisite information to the Illinois
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 Illinois State
Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, forever and hereinafter, 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 Illinois State Police
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. Subject to appropriations for these purposes, the State Superintendent of Education shall reimburse the school district and regional superintendent 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. The check of the Statewide Sex Offender Database must be conducted by the school district or regional superintendent once for every 5 years that an applicant remains employed by the school district. (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. The check of the Murderer and Violent Offender Against Youth Database must be conducted by the school district or regional superintendent once for every 5 years that an applicant remains employed by the school district. (b) Any
information concerning the record of convictions obtained by the president
of the board of education or the regional superintendent shall be
confidential and may only be transmitted to the general superintendent of
the school district or his designee, the appropriate regional
superintendent if
the check was requested by the board of education
for the school district, the presidents of the appropriate board of
education or school boards if
the check was requested from the Illinois
State Police by the regional superintendent, the State Board of Education and the school district as authorized under subsection (b-5), the State
Superintendent of Education, the State Educator Preparation and Licensure Board or any
other person necessary to the decision of hiring the applicant for
employment. A copy of the record of convictions obtained from the Illinois
State Police shall be provided to the applicant for
employment. Upon the check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the school district or regional superintendent shall notify an applicant as to whether or not the applicant has been identified in the Database. 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 Illinois 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) of this Section
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 or Statewide Murderer and Violent Offender Against Youth Database, then the regional superintendent
shall issue to the applicant a certificate evidencing that as of the date
specified by the Illinois State Police the applicant has not been
convicted of any of the enumerated criminal or drug offenses in subsection
(c) of this Section
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 or Statewide Murderer and Violent Offender Against Youth Database, the applicant has not been identified in the Database. 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 Illinois State Police and its own check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database as provided in
this Section. Any unauthorized release of confidential information may be a violation of Section 7 of the Criminal Identification Act. (b-5) If a criminal history records check or check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database is performed by a regional superintendent for an applicant seeking employment as a substitute teacher with the school district, the regional superintendent may disclose to the State Board of Education whether the applicant has been issued a certificate under subsection (b) based on those checks. If the State Board receives information on an applicant under this subsection, then it must indicate in the Educator Licensure Information System for a 90-day period that the applicant has been issued or has not been issued a certificate. (c) The board of education shall not 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, except as provided under subsection (b) of 21B-80.
Further, the board of education shall not 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. As a condition of employment, the board of education must consider the status of a person who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction. (d) The board of education shall not knowingly employ a person for whom
a criminal history records check and a Statewide Sex Offender Database check have not been initiated. (e) Within 10 days after the general superintendent of schools, a regional office of education, or an entity that provides background checks of license holders to public schools receives information of a pending criminal charge against a license holder for an offense set forth in Section 21B-80 of this Code, the superintendent, regional office of education, or entity must notify the State Superintendent of Education of the pending criminal charge. No later than 15 business days after receipt of a record of conviction or of checking the Statewide Murderer and Violent Offender Against Youth Database or the Statewide Sex Offender Database and finding a registration, the general superintendent of schools or the applicable regional superintendent shall, in writing, notify the State Superintendent of Education of any license holder who has been convicted of a crime set forth in Section 21B-80 of this Code. Upon receipt of the record of a conviction of or a finding of child
abuse by a holder of any license
issued pursuant to Article 21B or Section 34-8.1 of this Code, the State Superintendent of
Education may initiate licensure suspension and revocation
proceedings as authorized by law. If the receipt of the record of conviction or finding of child abuse is received within 6 months after the initial grant of or renewal of a license, the State Superintendent of Education may rescind the license holder's license. (e-5) The general superintendent of schools shall, in writing, notify the State Superintendent of Education of any license holder whom he or she has reasonable cause to believe has committed (i) 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 or (ii) an act of sexual misconduct, as defined in Section 22-85.5 of this Code, and that act resulted in the license holder's dismissal or resignation from the school district and must include the Illinois Educator Identification Number (IEIN) of the license holder and a brief description of the misconduct alleged. This notification must be submitted within 30 days after the dismissal or resignation. The license holder must also be contemporaneously sent a copy of the notice by the superintendent. All correspondence, documentation, and other information so received by the State Superintendent of Education, the State Board of Education, or the State Educator Preparation and Licensure 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 21B of this Code, (ii) pursuant to a court order, (iii) for disclosure to the license 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 March 19, 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 Illinois
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. (f-5) Upon request of a school or school district, any information obtained by the school district pursuant to subsection (f) of this Section within the last year must be made available to the requesting school or school district. (g) Prior to the commencement of any student teaching experience or required internship (which is referred to as student teaching in this Section) in the public schools, a student teacher is required to authorize a fingerprint-based criminal history records check. Authorization for and payment of the costs of the check must be furnished by the student teacher to the school district. Upon receipt of this authorization and payment, the school district shall submit the student teacher's name, sex, race, date of birth, social security number, fingerprint images, and other identifiers, as prescribed by the Illinois State Police, to the Illinois State Police. The Illinois State Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, forever and hereinafter, until expunged, to the president of the board. The Illinois State Police shall charge the school district a fee for conducting the check, which fee must not exceed the cost of the inquiry and must be deposited into the State Police Services Fund. The school district shall further perform a check of the Statewide Sex Offender Database, as authorized by the Sex Offender Community Notification Law, and of the Statewide Murderer and Violent Offender Against Youth Database, as authorized by the Murderer and Violent Offender Against Youth Registration Act, for each student teacher. The board may not knowingly allow a person to student teach for whom a criminal history records check, a Statewide Sex Offender Database check, and a Statewide Murderer and Violent Offender Against Youth Database check have not been completed and reviewed by the district. A copy of the record of convictions obtained from the Illinois State Police must be provided to the student teacher. Any information concerning the record of convictions obtained by the president of the board is confidential and may only be transmitted to the general superintendent of schools or his or her designee, the State Superintendent of Education, the State Educator Preparation and Licensure Board, or, for clarification purposes, the Illinois State Police or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database. Any unauthorized release of confidential information may be a violation of Section 7 of the Criminal Identification Act. The board may not knowingly allow a person to student teach who has been convicted of any offense that would subject him or her to license suspension or revocation pursuant to subsection (c) of Section 21B-80 of this Code, except as provided under subsection (b) of Section 21B-80. Further, the board may not allow a person to student teach if he or she has been found to be the perpetrator of sexual or physical abuse of a minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. The board must consider the status of a person to student teach who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction. (h) (Blank). (Source: P.A. 102-538, eff. 8-20-21; 102-552, eff. 1-1-22; 102-702, eff. 7-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.) |
105 ILCS 5/34-18.6
(105 ILCS 5/34-18.6) (from Ch. 122, par. 34-18.6)
Sec. 34-18.6. Child abuse and neglect; detection,
reporting, and prevention; willful or negligent failure to report. (a) The Board of Education may provide staff
development for local school site personnel who work with pupils in grades
kindergarten through 8 in the detection, reporting, and prevention of child
abuse and neglect.
(b) The Department of Children and Family Services may, in cooperation with school officials, distribute appropriate materials in school buildings listing the toll-free telephone number established in Section 7.6 of the Abused and Neglected Child Reporting Act, including methods of making a report under Section 7 of the Abused and Neglected Child Reporting Act, to be displayed in a clearly visible location in each school building. (c) Except for an employee licensed under Article 21B of this Code, if the board determines that any school district employee has willfully or negligently failed to report an instance of suspected child abuse or neglect, as required by the Abused and Neglected Child Reporting Act, then the board may dismiss that employee immediately upon that determination. For purposes of this subsection (c), negligent failure to report an instance of suspected child abuse or neglect occurs when a school district employee personally observes an instance of suspected child abuse or neglect and reasonably believes, in his or her professional or official capacity, that the instance constitutes an act of child abuse or neglect under the Abused and Neglected Child Reporting Act, and he or she, without willful intent, fails to immediately report or cause a report to be made of the suspected abuse or neglect to the Department of Children and Family Services, as required by the Abused and Neglected Child Reporting Act. (Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18; 101-531, eff. 8-23-19.)
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105 ILCS 5/34-18.6a
(105 ILCS 5/34-18.6a) (from Ch. 122, par. 34-18.6a)
Sec. 34-18.6a.
Orders of protection.
The board of education
may 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 5/34-18.7 (105 ILCS 5/34-18.7) (from Ch. 122, par. 34-18.7) Sec. 34-18.7. (Repealed). (Source: P.A. 101-350, eff. 1-1-20. Repealed by P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).) |
105 ILCS 5/34-18.8 (105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8) Sec. 34-18.8. (Repealed). (Source: P.A. 102-813, eff. 5-13-22. Repealed by P.A. 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542).) |
105 ILCS 5/34-18.9
(105 ILCS 5/34-18.9) (from Ch. 122, par. 34-18.9)
Sec. 34-18.9.
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 the board of education 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 principal 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 board of education shall develop and promulgate
written standards, which shall be furnished by the board of education to
each principal, under which a principal:
(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
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(2) may impose appropriate discipline or other
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(Source: P.A. 86-791 .)
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105 ILCS 5/34-18.10
(105 ILCS 5/34-18.10) (from Ch. 122, par. 34-18.10)
Sec. 34-18.10. Minority recruitment policy. The board of education
shall develop and implement a policy of recruitment and hiring of
minority teachers, other licensed employees, and nonlicensed
employees, including custodians, lunch room staff, and teacher aides.
(Source: P.A. 102-894, eff. 5-20-22.)
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105 ILCS 5/34-18.10a
(105 ILCS 5/34-18.10a) (from Ch. 122, par. 34-18.10a)
Sec. 34-18.10a.
Transfer of employees.
The employment of an employee
of the Illinois Chapter I 89-313 special education
program transferred from
the DuPage County Superintendent of Education to the Chicago Board of
Education shall be considered continuous employment.
(Source: P.A. 87-1107.)
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105 ILCS 5/34-18.11
(105 ILCS 5/34-18.11) (from Ch. 122, par. 34-18.11)
Sec. 34-18.11. Tobacco prohibition. The Board of Education shall prohibit
the use of tobacco on school property when such property is being used for
any school purposes. Neither the board nor the local school
council may
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 a cigarette, a
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. 102-558, eff. 8-20-21.)
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105 ILCS 5/34-18.12
(105 ILCS 5/34-18.12) (from Ch. 122, par. 34-18.12)
Sec. 34-18.12.
Inspection for drugs.
The Board of Education is
empowered 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; 86-1028.)
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105 ILCS 5/34-18.13
(105 ILCS 5/34-18.13) (from Ch. 122, par. 34-18.13)
Sec. 34-18.13.
Infectious disease policies and rules.
The Board of
Education shall 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 Board may find
appropriate.
(Source: P.A. 86-890; 86-1028.)
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105 ILCS 5/34-18.14
(105 ILCS 5/34-18.14) (from Ch. 122, par. 34-18.14)
Sec. 34-18.14.
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 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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