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92nd General Assembly

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Public Act 92-0527

SB384 Enrolled                                 LRB9204670NTsb

    AN ACT concerning education.

    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 10-20.5a and 34-18 as follows:

    (105 ILCS 5/10-20.5a) (from Ch. 122, par. 10-20.5a)
    Sec. 10-20.5a.  Access to high school campus.
         (a)  For  school  districts  maintaining  grades  10
    through 12, to provide, on an equal basis,  access  to  a
    high  the school campus and student directory information
    to the official recruiting representatives of  the  armed
    forces  of Illinois and the United States for the purpose
    of informing  students  of  the  educational  and  career
    opportunities  available in the military if the board has
    provided such access to persons or groups  whose  purpose
    is  to acquaint students with educational or occupational
    opportunities  available  to  them.   The  board  is  not
    required to give greater notice regarding  the  right  of
    access  to  recruiting  representatives  than is given to
    other persons and groups.  In  this  Section,  "directory
    information" means a high school student's name, address,
    and telephone number.
         (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.
(Source: P.A. 82-161.)

    (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;
         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 the 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  that
    a  debt  is due and owing the municipality by an employee
    of the  Chicago  School  Reform  Board  of  Trustees,  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; 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 shall certify that  the  employee  has  been
    afforded an opportunity for a hearing to dispute the debt
    that  is due and owing the municipality.  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 for city services, work, or goods, after the
    period  granted  for  payment  has  expired,  or  (ii)  a
    specified  sum of money owed to the municipality 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.
    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. 89-15,  eff.  5-30-95;  89-397,  eff.  8-20-95;
89-626,  eff.  8-9-96;  90-22,  eff.  6-20-97;  90-548,  eff.
1-1-98.)
    Passed in the General Assembly November 13, 2001.
    Approved February 08, 2002.
    Effective June 01, 2002.

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