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Public Act 093-0003


 

Public Act 93-0003 of the 93rd General Assembly


Public Act 93-0003

SB19 Enrolled                        LRB093 02977 NHT 02993 b

    AN ACT concerning education, which may be referred to  as
the Chicago Education Reform Act of 2003.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.   The  School  Code  is  amended  by  changing
Sections  27A-4,  27A-5, 27A-6, 27A-10, 34-8.1, and 34-18 and
adding Section 34-3.5 as follows:

    (105 ILCS 5/27A-4)
    Sec. 27A-4.  General Provisions.
    (a)  The General Assembly does not  intend  to  alter  or
amend  the provisions of any court-ordered desegregation plan
in effect for any school district.  A charter school shall be
subject to all federal  and  State  laws  and  constitutional
provisions   prohibiting   discrimination  on  the  basis  of
disability, race,  creed,  color,  gender,  national  origin,
religion,  ancestry,  marital  status,  or  need  for special
education services.
    (b)  The total number of charter schools operating  under
this  Article  at  any  one time shall not exceed 60 45.  Not
more than 30 15 charter schools shall operate at any one time
in any city having a population exceeding 500,000;  not  more
than  15 charter schools shall operate at any one time in the
counties of DuPage,  Kane,  Lake,  McHenry,  Will,  and  that
portion  of Cook County that is located outside a city having
a population  exceeding  500,000,  with  not  more  than  one
charter  school  that  has  been  initiated  by  a  board  of
education,  or  by  an intergovernmental agreement between or
among boards of education, operating at any one time  in  the
school  district where the charter school is located; and not
more than 15 charter schools shall operate at any one time in
the remainder of the State, with not more  than  one  charter
school that has been initiated by a board of education, or by
an  intergovernmental  agreement  between  or among boards of
education, operating at any one time in the  school  district
where the charter school is located.
    For  purposes  of  implementing  this  Section, the State
Board shall assign a number to  each  charter  submission  it
receives   under   Section   27A-6   for   its   review   and
certification,  based on the chronological order in which the
submission is received by it.  The State Board shall promptly
notify local  school  boards  when  the  maximum  numbers  of
certified  charter  schools  authorized  to operate have been
reached.
    (c)  No charter shall be granted under this Article  that
would  convert any existing private, parochial, or non-public
school to a charter school.
    (d)  Enrollment in a charter school shall be open to  any
pupil  who  resides  within  the geographic boundaries of the
area served by the local school board.
    (e)  Nothing in this Article  shall  prevent  2  or  more
local  school  boards  from  jointly  issuing  a charter to a
single shared  charter  school,  provided  that  all  of  the
provisions  of  this Article are met as to those local school
boards.
    (f)  No local school board shall require any employee  of
the school district to be employed in a charter school.
    (g)  No  local  school  board  shall  require  any  pupil
residing  within  the  geographic boundary of its district to
enroll in a charter school.
    (h)  If there are more eligible applicants for enrollment
in  a  charter  school  than  there  are  spaces   available,
successful applicants shall be selected by lottery.  However,
priority shall be given to siblings of pupils enrolled in the
charter school and to pupils who were enrolled in the charter
school  the  previous school year, unless expelled for cause.
Dual enrollment at both a charter school and a public  school
or  non-public  school  shall  not be allowed. A pupil who is
suspended or expelled from a charter school shall  be  deemed
to  be  suspended  or expelled from the public schools of the
school district in which the pupil resides.
    (i)  (Blank).
    (j)  Notwithstanding any other provision of  law  to  the
contrary,  a  school  district  in a city having a population
exceeding 500,000 shall  not  have  a  duty  to  collectively
bargain  with  an  exclusive  representative of its employees
over decisions to grant or deny  a  charter  school  proposal
under  Section  27A-8  of  this  Code,  decisions to renew or
revoke a charter under Section 27A-9 of this  Code,  and  the
impact  of  these  decisions,  provided  that nothing in this
Section  shall  have  the  effect  of  negating,  abrogating,
replacing, reducing, diminishing,  or  limiting  in  any  way
employee   rights,   guarantees,  or  privileges  granted  in
Sections 2,  3,  7,  8,  10,  14,  and  15  of  the  Illinois
Educational Labor Relations Act.
(Source:  P.A.  91-357,  eff.  7-29-99;  91-405, eff. 8-3-99;
91-407, eff. 8-3-99; 92-16, eff. 6-28-01.)

    (105 ILCS 5/27A-5)
    Sec. 27A-5.  Charter school; legal entity; requirements.
    (a)  A charter school shall be  a  public,  nonsectarian,
nonreligious,  non-home  based,  and  non-profit  school.   A
charter school shall be organized and operated as a nonprofit
corporation   or  other  discrete,  legal,  nonprofit  entity
authorized under the laws of the State of Illinois.
    (b)  A charter  school  may  be  established  under  this
Article by creating a new school or by converting an existing
public  school or attendance center to charter school status.
   Beginning on the effective date of this amendatory Act  of
the  93rd General Assembly, in all new applications submitted
to the State Board or a local school  board  to  establish  a
charter  school  in  a  city  having  a  population exceeding
500,000, operation of the charter school shall be limited  to
one  campus.  The  changes  made  to  this  Section  by  this
amendatory  Act  of the 93rd General Assembly do not apply to
charter  schools  existing  or  approved  on  or  before  the
effective date of this amendatory Act.
    (c)  A charter school shall be administered and  governed
by  its  board  of  directors  or other governing body in the
manner provided in its charter.   The  governing  body  of  a
charter school shall be subject to the Freedom of Information
Act and the Open Meetings Act.
    (d)  A  charter  school  shall comply with all applicable
health and safety requirements applicable to  public  schools
under the laws of the State of Illinois.
    (e)  Except  as  otherwise provided in the School Code, a
charter school shall not  charge  tuition;  provided  that  a
charter  school  may  charge  reasonable  fees for textbooks,
instructional materials, and student activities.
    (f)  A  charter  school  shall  be  responsible  for  the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget.  An  audit  of
each charter school's finances shall be conducted annually by
an  outside,  independent  contractor retained by the charter
school.
    (g)  A charter school shall comply with all provisions of
this Article and its charter.  A  charter  school  is  exempt
from  all other State laws and regulations in the School Code
governing public schools and  local  school  board  policies,
except the following:
         (1)  Sections 10-21.9 and 34-18.5 of the School Code
    regarding    criminal    background   investigations   of
    applicants for employment;
         (2)  Sections 24-24 and 34-84A of  the  School  Code
    regarding discipline of students;
         (3)  The   Local   Governmental   and   Governmental
    Employees Tort Immunity Act;
         (4)  Section  108.75  of  the General Not For Profit
    Corporation Act  of  1986  regarding  indemnification  of
    officers, directors, employees, and agents;
         (5)  The Abused and Neglected Child Reporting Act;
         (6)  The Illinois School Student Records Act; and
         (7)  Section  10-17a  of  the  School Code regarding
    school report cards.
    (h)  A charter school may negotiate and contract  with  a
school  district,  the  governing  body of a State college or
university or public community college, or any  other  public
or for-profit or nonprofit private entity for: (i) the use of
a  school  building and grounds or any other real property or
facilities that the charter school desires to use or  convert
for  use  as  a  charter  school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any  service,
activity,  or undertaking that the charter school is required
to perform in order to carry out the terms  of  its  charter.
However, a charter school that is established on or after the
effective  date  of  this  amendatory Act of the 93rd General
Assembly and that operates in  a  city  having  a  population
exceeding  500,000  may not contract with a for-profit entity
to manage or  operate  the  school  during  the  period  that
commences on the effective date of this amendatory Act of the
93rd  General  Assembly  and  concludes  at  the  end  of the
2004-2005 school year. Except as provided in  subsection  (i)
of  this  Section,  a  school  district  may charge a charter
school  reasonable  rent  for  the  use  of  the   district's
buildings, grounds, and facilities.  Any services for which a
charter  school  contracts  with  a  school district shall be
provided by the district at cost.  Any services for  which  a
charter  school  contracts  with a local school board or with
the governing body of a State college or university or public
community college shall be provided by the public  entity  at
cost.
    (i)  In   no   event  shall  a  charter  school  that  is
established by converting an existing  school  or  attendance
center  to  charter school status be required to pay rent for
space that is deemed available, as negotiated and provided in
the  charter  agreement,  in  school   district   facilities.
However, all other costs for the operation and maintenance of
school  district  facilities  that  are  used  by the charter
school shall be subject to negotiation  between  the  charter
school  and  the local school board and shall be set forth in
the charter.
    (j)  A charter school may limit student enrollment by age
or grade level.
(Source: P.A. 91-407, eff. 8-3-99.)

    (105 ILCS 5/27A-6)
    Sec. 27A-6.  Contract contents; applicability of laws and
regulations.
    (a)  A  certified  charter  shall  constitute  a  binding
contract and agreement between the charter school and a local
school board under the terms of which the local school  board
authorizes  the  governing  body  of  the  charter  school to
operate the charter school on  the  terms  specified  in  the
contract.
    (b)  Notwithstanding any other provision of this Article,
the  certified  charter  may not waive or release the charter
school from  the  State  goals,  standards,  and  assessments
established  pursuant  to  Section 2-3.64. Beginning with the
2003-2004 school year, the certified charter  for  a  charter
school  operating  in  a  city  having a population exceeding
500,000 shall require the charter school  to  administer  any
other   nationally   recognized  standardized  tests  to  its
students that the  chartering  entity  administers  to  other
students,  and the results on such tests shall be included in
the chartering entity's assessment reports.
    (c)  Subject to  the  provisions  of  subsection  (e),  a
material  revision  to  a  previously certified contract or a
renewal shall be made with the approval  of  both  the  local
school board and the governing body of the charter school.
    (c-5)  The proposed contract shall include a provision on
how  both  parties  will  address  minor  violations  of  the
contract.
    (d)  The  proposed contract between the governing body of
a proposed charter school  and  the  local  school  board  as
described in Section 27A-7 must be submitted to and certified
by  the  State Board before it can take effect.  If the State
Board recommends that the proposed contract be  modified  for
consistency with this Article before it can be certified, the
modifications must be consented to by both the governing body
of  the  charter  school  and  the  local  school  board, and
resubmitted to the State Board for its certification.  If the
proposed contract is  resubmitted  in  a  form  that  is  not
consistent  with  this Article, the State Board may refuse to
certify the charter.
    The State Board shall assign a number to each  submission
or  resubmission in chronological order of receipt, and shall
determine whether the proposed contract  is  consistent  with
the  provisions  of  this  Article.  If the proposed contract
complies, the State Board shall so certify.
    (e)  No  material  revision  to  a  previously  certified
contract or a renewal shall be effective unless and until the
State  Board  certifies  that  the  revision  or  renewal  is
consistent with the provisions of this Article.
(Source: P.A. 91-407, eff. 8-3-99.)

    (105 ILCS 5/27A-10)
    Sec. 27A-10. Employees.
    (a)  A person shall be deemed to be employed by a charter
school  unless  a  collective  bargaining  agreement  or  the
charter school contract otherwise provides.
    (b)  In all school districts, including  special  charter
districts and districts located in cities having a population
exceeding  500,000, the local school board shall determine by
policy  or  by  negotiated  agreement,  if  one  exists,  the
employment status of any school district  employees  who  are
employed  by  a  charter  school  and  who  seek to return to
employment in the public schools of the district.  Each local
school board shall grant, for a period of up to  5  years,  a
leave  of  absence  to  those  of  its  teachers  who  accept
employment  with  a  charter  school.   At  the  end  of  the
authorized  leave  of absence, the teacher must return to the
school district or resign; provided,  however,  that  if  the
teacher chooses to return to the school district, the teacher
must  be  assigned to a position which requires the teacher's
certification  and  legal  qualifications.   The  contractual
continued service status and retirement benefits of a teacher
of the district who is granted a leave of absence  to  accept
employment  with  a  charter  school shall not be affected by
that leave of absence.
    (c)  Charter  schools  shall  employ   in   instructional
positions,  as  defined  in  the charter, individuals who are
certificated under Article 21 of this the School Code or  who
possess the following qualifications:
         (i)  graduated  with  a  bachelor's  degree  from an
    accredited institution of higher learning;
         (ii)  been employed for a period of at least 5 years
    in an area  requiring  application  of  the  individual's
    education;
         (iii)  passed  the tests of basic skills and subject
    matter knowledge required by Section 21-1a of the  School
    Code; and
         (iv)  demonstrate     continuing     evidence     of
    professional  growth  which  shall  include,  but  not be
    limited to, successful teaching experience, attendance at
    professional   meetings,   membership   in   professional
    organizations, additional credits earned at  institutions
    of  higher  learning, travel specifically for educational
    purposes,  and  reading   of   professional   books   and
    periodicals.
    Charter    schools    employing    individuals    without
certification  in  instructional positions shall provide such
mentoring,  training,  and  staff   development   for   those
individuals  as  the  charter schools determine necessary for
satisfactory performance in the classroom.
    Beginning with the 2006-2007 school year, at least 50% of
the individuals employed  in  instructional  positions  by  a
charter   school  that  is  operating  in  a  city  having  a
population exceeding 500,000 and that is  established  on  or
after  the  effective date of this amendatory Act of the 93rd
General Assembly  shall  hold  teaching  certificates  issued
under Article 21 of this Code.
    Beginning with the 2006-2007 school year, at least 75% of
the  individuals  employed  in  instructional  positions by a
charter  school  that  is  operating  in  a  city  having   a
population  exceeding  500,000 and that is established before
the effective date of this amendatory Act of the 93rd General
Assembly  shall  hold  teaching  certificates  issued   under
Article 21 of this Code.
    Charter  schools  operating in a city having a population
exceeding 500,000 are exempt  from  any  annual  cap  on  new
participants  in  an  alternative  certification program. The
second and third  phases  of  the  alternative  certification
program may be conducted and completed at the charter school,
and the alternative teaching certificate is valid for 4 years
or  the  length  of  the  charter  (or  any  extension of the
charter), whichever is longer.
    Notwithstanding any other provisions of the School  Code,
charter  schools  may  employ  non-certificated  staff in all
other positions.
    (d)  A teacher at a charter school may resign his or  her
position  only  if the teacher gives notice of resignation to
the charter school's governing body at least 60  days  before
the  end  of  the  school term, and the resignation must take
effect immediately upon the end of the school term.
(Source: P.A. 89-450, eff. 4-10-96.)

    (105 ILCS 5/34-3.5 new)
    Sec. 34-3.5.  Partnership agreement on advancing  student
achievement; No Child Left Behind Act of 2001.
    (a)  The General Assembly finds that the Chicago Teachers
Union,  the  Chicago  Board  of Education, and the district's
chief executive officer have a common  responsibility  beyond
their   statutory   collective   bargaining  relationship  to
institute purposeful education reforms in the Chicago  Public
Schools  that  maximize the number of students in the Chicago
Public Schools who reach or exceed proficiency with regard to
State  academic  standards  and  assessments.   The   General
Assembly  further  finds that education reform in the Chicago
Public Schools must  be  premised  on  a  commitment  by  all
stakeholders  to  redefine relationships, develop, implement,
and evaluate programs, seek  new  and  additional  resources,
improve  the  value  of  educational  programs  to  students,
accelerate   the   quality   of   teacher  training,  improve
instructional   excellence,   and   develop   and   implement
strategies to comply with the federal No  Child  Left  Behind
Act of 2001 (Public Law 107-110).
    The  Chicago  Board of Education and the district's chief
executive officer shall enter into  a  partnership  agreement
with  the Chicago Teachers Union to allow the parties to work
together to advance the Chicago Public Schools  to  the  next
level  of  education  reform.  This agreement must be entered
into and take effect within 90 days after the effective  date
of  this amendatory Act of the 93rd General Assembly. As part
of this agreement, the Chicago Teachers  Union,  the  Chicago
Board  of  Education,  and  the  district's  chief  executive
officer shall jointly file a report with the General Assembly
at  the end of each school year with respect to the nature of
the reforms that the parties have instituted, the  effect  of
these  reforms  on student achievement, and any other matters
that  the   parties   deem   relevant   to   evaluating   the
effectiveness of the agreement.
    (b)  Decisions  concerning matters of inherent managerial
policy necessary to comply with the  federal  No  Child  Left
Behind Act of 2001 (Public Law 107-110), including such areas
of discretion or policy as the functions of the employer, the
standards  and delivery of educational services and programs,
the district's overall budget, the district's  organizational
structure,   student   assignment,  school  choice,  and  the
selection of new employees and direction  of  employees,  and
the  impact of these decisions on individual employees or the
bargaining unit shall be permissive  subjects  of  bargaining
between the educational employer and the exclusive bargaining
representative  and  are  within  the  sole discretion of the
educational employer to decide to  bargain.  This  subsection
(b)   is   exclusive   of   the   parties'   obligations  and
responsibilities  under   Section   4.5   of   the   Illinois
Educational Labor Relations Act (provided that any dispute or
impasse  that  may  arise  under this subsection (b) shall be
resolved exclusively  as  set  forth  in  subsection  (b)  of
Section 12 of the Illinois Educational Labor Relations Act in
lieu of a strike under Section 13 of the Illinois Educational
Labor Relations Act).
    (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
non-certified employees, including disciplinary layoffs,  and
the   termination  of  certified  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  or  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   administrative
certificate issued or exchanged in accordance with Article 21
and  endorsed as required by that Article for the position of
principal.  The  board  may  establish  or  impose  academic,
educational, examination,  and  experience  requirements  and
criteria  that  are  in  addition  to  those  established and
required by Article 21 for issuance of  a  valid  certificate
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.
    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 Advisory  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.
    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 certified in accordance  with
Article  21,  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. 91-622, eff. 8-19-99; 91-728, eff. 6-2-00.)

    (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,  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 the crippled, 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, however, 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  funds
    are allocated and applied in accordance with Section 18-8
    or  18-8.05.   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;
         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;
         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;
         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;
         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;
         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;
         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;
         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 assure that appropriate
    services are provided in accordance with applicable State
    and federal  laws  to  children  requiring  services  and
    education in those areas;
         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 non-certificated  personnel  or  employ
    non-certificated  personnel  to assist in the instruction
    of pupils under the immediate supervision  of  a  teacher
    holding a valid certificate, directly engaged in teaching
    subject  matter  or  conducting activities; provided that
    the  teacher  shall  be   continuously   aware   of   the
    non-certificated 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;
         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;
         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;
         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;
         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;
         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  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;
         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,  approved September 29, 1969, as
    amended;
         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.
         (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).
         (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.
         (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;
         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  the  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.
         (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.
              (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.
              (3)  "Proceeds"   means  profits  derived  from
         marketing or sale of a product after  deducting  the
         expenses of developing and marketing such product;
         18.  To  delegate  to  the general superintendent of
    schools,  by  resolution,  the   authority   to   approve
    contracts and expenditures in amounts of $10,000 or less;
         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;
         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;
         20.  The  board is encouraged to employ a sufficient
    number of  certified  school  counselors  to  maintain  a
    student/counselor  ratio  of  250  to  1 by July 1, 1990.
    Each counselor shall spend at least 75% of his work  time
    in  direct  contact  with  students  and shall maintain a
    record of such time;
         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:
              (a)  Black  (a  person having origins in any of
         the black racial groups in Africa);
              (b)  Hispanic   (a   person   of   Spanish   or
         Portuguese culture with origins in Mexico, South  or
         Central   America,   or   the   Caribbean   islands,
         regardless of race);
              (c)  Asian American (a person having origins in
         any  of  the  original  peoples  of  the  Far  East,
         Southeast  Asia,  the  Indian  Subcontinent  or  the
         Pacific Islands); or
              (d)  American   Indian  or  Alaskan  Native  (a
         person having origins in any of the original peoples
         of North America).
         Counseling days shall not  be  in  lieu  of  regular
    school days;
         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;
         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;
         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;
         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;
         26.  To   encourage   mid-career  changes  into  the
    teaching  profession,  whereby  qualified   professionals
    become   certified   teachers,  by  allowing  credit  for
    professional   employment   in   related   fields    when
    determining point of entry on teacher pay scale;
         27.  To  provide  or  contract out training programs
    for administrative personnel and principals with  revised
    or  expanded  duties  pursuant  to  this  Act in order to
    assure they have the  knowledge  and  skills  to  perform
    their duties;
         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;
         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;
         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 be
    limited to, qualifications,  certifications,  experience,
    performance ratings or evaluations, and any other factors
    relating to an employee's job performance; and
         32.  To  develop a policy to prevent nepotism in the
    hiring of personnel or the selection of contractors;.
         33.  To  enter  into  a  partnership  agreement,  as
    required  by  Section   34-3.5   of   this   Code,   and,
    notwithstanding   any  other  provision  of  law  to  the
    contrary, to promulgate policies, enter  into  contracts,
    and  take  any  other  action necessary to accomplish the
    objectives  and  implement  the  requirements   of   that
    agreement; 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.
    The specifications of the powers herein granted  are  not
to  be  construed  as  exclusive  but  the  board  shall also
exercise all other powers  that  they  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.  92-109,  eff.  7-20-01;  92-527, eff. 6-1-02;
92-724, eff. 7-25-02; revised 9-24-02.)

    Section 10.  The Illinois Educational Labor Relations Act
is amended by changing Sections 4.5 and 12 as follows:

    (115 ILCS 5/4.5)
    Sec. 4.5.  Prohibited Subjects of collective bargaining.
    (a)  Notwithstanding the existence of any other provision
in this Act or other law, collective  bargaining  between  an
educational   employer   whose   territorial  boundaries  are
coterminous with those of  a  city  having  a  population  in
excess  of  500,000  and  an  exclusive representative of its
employees  may  shall  not  include  any  of  the   following
subjects:
         (1)  (Blank).  Decisions  to grant or deny a charter
    school  proposal  under  Section  27A-8  of  the  Charter
    Schools Law, to renew or revoke a charter  under  Section
    27A-9  of  the Charter Schools Law, or to grant or deny a
    leave of absence to an employee of a school  district  to
    become an employee of a charter school, and the impact of
    these decisions on individual employees or the bargaining
    unit.
         (2)  Decisions  to  contract  with a third party for
    one or more services otherwise performed by employees  in
    a  bargaining unit and, the procedures for obtaining such
    contract or the identity of  the  third  party,  and  the
    impact  of these decisions on individual employees or the
    bargaining unit.
         (3)  Decisions  to  layoff  or   reduce   in   force
    employees  (including but not limited to reserve teachers
    or teachers  who  are  no  longer  on  an  administrative
    payroll)  due to lack of work or funds, including but not
    limited to  decline  in  student  enrollment,  change  in
    subject   requirements   within   the  attendance  center
    organization,  closing  of  an  attendance   center,   or
    contracts  with  third  parties  for  the  performance of
    services, and the impact of these decisions on individual
    employees or the bargaining unit.
         (4)  Decisions  to  determine  class   size,   class
    staffing   and   assignment,  class  schedules,  academic
    calendar, hours  and  places  of  instruction,  or  pupil
    assessment policies, and the impact of these decisions on
    individual employees or the bargaining unit.
         (5)  Decisions   concerning   use  and  staffing  of
    experimental or pilot programs and, decisions  concerning
    use  of  technology  to  deliver educational programs and
    services and staffing to provide the technology, and  the
    impact  of these decisions on individual employees or the
    bargaining unit.
    (b)  The subject or matters described in  subsection  (a)
are  permissive  prohibited subjects of bargaining between an
educational employer and an exclusive representative  of  its
employees  and,  for  the purpose of this Act, are within the
sole discretion authority  of  the  educational  employer  to
decide  to bargain, provided that the educational employer is
required to bargain over the impact of a decision  concerning
such subject or matter on the bargaining unit upon request by
the  exclusive  representative.  During  this bargaining, the
educational employer shall not be precluded from implementing
its decision. If, after a reasonable period of bargaining,  a
dispute  or  impasse  exists between the educational employer
and the exclusive  representative,  the  dispute  or  impasse
shall  be resolved exclusively as set forth in subsection (b)
of Section 12 of this Act in lieu of a strike  under  Section
13 of this Act.
    (c)  A  provision  in  a  collective bargaining agreement
that was  rendered  null  and  void  because  it  involved  a
prohibited   subject  of  collective  bargaining  under  this
subsection (c) as this  subsection  (c)  existed  before  the
effective  date  of  this  amendatory Act of the 93rd General
Assembly remains null and void and  shall  not  otherwise  be
reinstated  in any successor agreement unless the educational
employer and  exclusive  representative  otherwise  agree  to
include an agreement reached on a subject or matter described
in  subsection  (a) of this Section as subsection (a) existed
before this amendatory Act of the 93rd General Assembly. This
Section shall apply to collective bargaining agreements  that
become  effective after the effective date of this amendatory
Act  of  1995  and  shall  render  a  provision  involving  a
prohibited subject in such agreement null and void.
(Source: P.A. 89-15, eff. 5-30-95.)
    (115 ILCS 5/12) (from Ch. 48, par. 1712)
    Sec. 12.  Impasse procedures.
    (a)  If the parties engaged in collective bargaining have
not reached an agreement by  90  days  before  the  scheduled
start  of  the  forthcoming  school  year,  the parties shall
notify  the  Illinois  Educational  Labor   Relations   Board
concerning the status of negotiations.
    Upon   demand  of  either  party,  collective  bargaining
between   the   employer   and   an   exclusive    bargaining
representative  must  begin  within  60  days  of the date of
certification of the representative by the Board, or  in  the
case  of  an  existing  exclusive  bargaining representative,
within 60 days of the receipt by  a  party  of  a  demand  to
bargain   issued   by   the  other  party.   Once  commenced,
collective bargaining must continue for at  least  a  60  day
period, unless a contract is entered into.
    Except  as  otherwise  provided in subsection (b) of this
Section, if after a  reasonable  period  of  negotiation  and
within  45  days  of  the scheduled start of the forth-coming
school year, the parties  engaged  in  collective  bargaining
have  reached an impasse, either party may petition the Board
to initiate mediation.  Alternatively, the Board on  its  own
motion  may  initiate mediation during this period.  However,
mediation shall be initiated by the Board at  any  time  when
jointly  requested  by  the  parties  and the services of the
mediators  shall  continuously  be  made  available  to   the
employer  and  to the exclusive bargaining representative for
purposes  of  arbitration  of  grievances  and  mediation  or
arbitration  of  contract  disputes.   If  requested  by  the
parties, the mediator may  perform  fact-finding  and  in  so
doing   conduct   hearings  and  make  written  findings  and
recommendations  for  resolution  of   the   dispute.    Such
mediation  shall  be  provided by the Board and shall be held
before qualified impartial  individuals.   Nothing  prohibits
the  use  of  other  individuals or organizations such as the
Federal Mediation and Conciliation Service  or  the  American
Arbitration   Association  selected  by  both  the  exclusive
bargaining representative and the employer.
    If the parties engaged in collective bargaining  fail  to
reach  an  agreement within 15 days of the scheduled start of
the forthcoming school year and have not requested mediation,
the Illinois Educational Labor Relations Board  shall  invoke
mediation.
    Whenever  mediation  is  initiated  or invoked under this
subsection (a) Section, the parties may  stipulate  to  defer
selection  of  a mediator in accordance with rules adopted by
the Board.
    (b)  If, after a period of  bargaining  of  at  least  60
days,  a  dispute or impasse exists between an employer whose
territorial boundaries are coterminous with those of  a  city
having  a  population  in excess of 500,000 and the exclusive
bargaining representative over a subject or matter set  forth
in  Section  4.5  of  this  Act, the parties shall submit the
dispute or impasse to the dispute resolution procedure agreed
to between the  parties.  The  procedure  shall  provide  for
mediation  of disputes by a rotating mediation panel and may,
at the request of  either  party,  include  the  issuance  of
advisory findings of fact and recommendations.
    (c)  The  costs  of  fact  finding and mediation shall be
shared  equally  between  the  employer  and  the   exclusive
bargaining  agent,  provided  that, for purposes of mediation
under this Act, if either party requests the use of mediation
services from the Federal Mediation and Conciliation Service,
the other party shall either join in such request or bear the
additional cost of mediation services from another source.
    (d)  Nothing in this Act  prevents  an  employer  and  an
exclusive  bargaining representative from mutually submitting
to final and binding impartial arbitration unresolved  issues
concerning   the   terms   of  a  new  collective  bargaining
agreement.
(Source: P.A. 86-412.)

    Section 90.  The State Mandates Act is amended by  adding
Section 8.27 as follows:

    (30 ILCS 805/8.27 new)
    Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is  required
for  the  implementation  of  any  mandate  created  by  this
amendatory Act of the 93rd General Assembly.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

Effective Date: 4/16/2003