HB2233 EngrossedLRB103 25477 RJT 51826 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-20.21, 34-18, and 34-21.3 as follows:
 
6    (105 ILCS 5/10-20.21)
7    Sec. 10-20.21. Contracts.
8    (a) To award all contracts for purchase of supplies and
9materials or work involving an expenditure in excess of
10$35,000 $25,000 or a lower amount as required by board policy
11to the lowest responsible bidder, considering conformity with
12specifications, terms of delivery, quality and serviceability,
13after due advertisement, except the following:
14        (i) contracts for the services of individuals
15    possessing a high degree of professional skill where the
16    ability or fitness of the individual plays an important
17    part;
18        (ii) contracts for the printing of finance committee
19    reports and departmental reports;
20        (iii) contracts for the printing or engraving of
21    bonds, tax warrants and other evidences of indebtedness;
22        (iv) contracts for the purchase of perishable foods
23    and perishable beverages;

 

 

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1        (v) contracts for materials and work which have been
2    awarded to the lowest responsible bidder after due
3    advertisement, but due to unforeseen revisions, not the
4    fault of the contractor for materials and work, must be
5    revised causing expenditures not in excess of 10% of the
6    contract price;
7        (vi) contracts for the maintenance or servicing of, or
8    provision of repair parts for, equipment which are made
9    with the manufacturer or authorized service agent of that
10    equipment where the provision of parts, maintenance, or
11    servicing can best be performed by the manufacturer or
12    authorized service agent;
13        (vii) purchases and contracts for the use, purchase,
14    delivery, movement, or installation of data processing
15    equipment, software, or services and telecommunications
16    and interconnect equipment, software, and services;
17        (viii) contracts for duplicating machines and
18    supplies;
19        (ix) contracts for the purchase of fuel, including
20    diesel, gasoline, oil, aviation, natural gas, or propane,
21    lubricants, or other petroleum products;
22        (x) purchases of equipment previously owned by some
23    entity other than the district itself;
24        (xi) contracts for repair, maintenance, remodeling,
25    renovation, or construction, or a single project involving
26    an expenditure not to exceed $50,000 and not involving a

 

 

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1    change or increase in the size, type, or extent of an
2    existing facility;
3        (xii) contracts for goods or services procured from
4    another governmental agency;
5        (xiii) contracts for goods or services which are
6    economically procurable from only one source, such as for
7    the purchase of magazines, books, periodicals, pamphlets
8    and reports, and for utility services such as water,
9    light, heat, telephone or telegraph;
10        (xiv) where funds are expended in an emergency and
11    such emergency expenditure is approved by 3/4 of the
12    members of the board;
13        (xv) State master contracts authorized under Article
14    28A of this Code;
15        (xvi) contracts providing for the transportation of
16    pupils, which contracts must be advertised in the same
17    manner as competitive bids and awarded by first
18    considering the bidder or bidders most able to provide
19    safety and comfort for the pupils, stability of service,
20    and any other factors set forth in the request for
21    proposal regarding quality of service, and then price; and
22        (xvii) contracts for goods, services, or management in
23    the operation of a school's food service, including a
24    school that participates in any of the United States
25    Department of Agriculture's child nutrition programs if a
26    good faith effort is made on behalf of the school district

 

 

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1    to give preference to:
2            (1) contracts that procure food that promotes the
3        health and well-being of students, in compliance with
4        United States Department of Agriculture nutrition
5        standards for school meals. Contracts should also
6        promote the production of scratch made, minimally
7        processed foods;
8            (2) contracts that give a preference to State or
9        regional suppliers that source local food products;
10            (3) contracts that give a preference to food
11        suppliers that utilize producers that adopt hormone
12        and pest management practices recommended by the
13        United States Department of Agriculture;
14            (4) contracts that give a preference to food
15        suppliers that value animal welfare; and
16            (5) contracts that increase opportunities for
17        businesses owned and operated by minorities, women, or
18        persons with disabilities.
19    Food supplier data shall be submitted to the school
20    district at the time of the bid, to the best of the
21    bidder's ability, and updated annually thereafter during
22    the term of the contract. The contractor shall submit the
23    updated food supplier data. The data required under this
24    item (xvii) shall include the name and address of each
25    supplier, distributor, processor, and producer involved in
26    the provision of the products that the bidder is to

 

 

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1    supply.
2However, at no time shall a cause of action lie against a
3school board for awarding a pupil transportation contract per
4the standards set forth in this subsection (a) unless the
5cause of action is based on fraudulent conduct.
6    All competitive bids for contracts involving an
7expenditure in excess of $35,000 $25,000 or a lower amount as
8required by board policy must be sealed by the bidder and must
9be opened by a member or employee of the school board at a
10public bid opening at which the contents of the bids must be
11announced. Each bidder must receive at least 3 days' notice of
12the time and place of the bid opening. For purposes of this
13Section due advertisement includes, but is not limited to, at
14least one public notice at least 10 days before the bid date in
15a newspaper published in the district, or if no newspaper is
16published in the district, in a newspaper of general
17circulation in the area of the district. State master
18contracts and certified education purchasing contracts, as
19defined in Article 28A of this Code, are not subject to the
20requirements of this paragraph.
21    Under this Section, the acceptance of bids sealed by a
22bidder and the opening of these bids at a public bid opening
23may be permitted by an electronic process for communicating,
24accepting, and opening competitive bids. An electronic bidding
25process must provide for, but is not limited to, the following
26safeguards:

 

 

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1        (1) On the date and time certain of a bid opening, the
2    primary person conducting the competitive, sealed,
3    electronic bid process shall log onto a specified database
4    using a unique username and password previously assigned
5    to the bidder to allow access to the bidder's specific bid
6    project number.
7        (2) The specified electronic database must be on a
8    network that (i) is in a secure environment behind a
9    firewall; (ii) has specific encryption tools; (iii)
10    maintains specific intrusion detection systems; (iv) has
11    redundant systems architecture with data storage back-up,
12    whether by compact disc or tape; and (v) maintains a
13    disaster recovery plan.
14It is the legislative intent of Public Act 96-841 to maintain
15the integrity of the sealed bidding process provided for in
16this Section, to further limit any possibility of bid-rigging,
17to reduce administrative costs to school districts, and to
18effect efficiencies in communications with bidders.
19    (b) To require, as a condition of any contract for goods
20and services, that persons bidding for and awarded a contract
21and all affiliates of the person collect and remit Illinois
22Use Tax on all sales of tangible personal property into the
23State of Illinois in accordance with the provisions of the
24Illinois Use Tax Act regardless of whether the person or
25affiliate is a "retailer maintaining a place of business
26within this State" as defined in Section 2 of the Use Tax Act.

 

 

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1For purposes of this Section, the term "affiliate" means any
2entity that (1) directly, indirectly, or constructively
3controls another entity, (2) is directly, indirectly, or
4constructively controlled by another entity, or (3) is subject
5to the control of a common entity. For purposes of this
6subsection (b), an entity controls another entity if it owns,
7directly or individually, more than 10% of the voting
8securities of that entity. As used in this subsection (b), the
9term "voting security" means a security that (1) confers upon
10the holder the right to vote for the election of members of the
11board of directors or similar governing body of the business
12or (2) is convertible into, or entitles the holder to receive
13upon its exercise, a security that confers such a right to
14vote. A general partnership interest is a voting security.
15    To require that bids and contracts include a certification
16by the bidder or contractor that the bidder or contractor is
17not barred from bidding for or entering into a contract under
18this Section and that the bidder or contractor acknowledges
19that the school board may declare the contract void if the
20certification completed pursuant to this subsection (b) is
21false.
22    (b-5) To require all contracts and agreements that pertain
23to goods and services and that are intended to generate
24additional revenue and other remunerations for the school
25district in excess of $1,000, including without limitation
26vending machine contracts, sports and other attire, class

 

 

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1rings, and photographic services, to be approved by the school
2board. The school board shall file as an attachment to its
3annual budget a report, in a form as determined by the State
4Board of Education, indicating for the prior year the name of
5the vendor, the product or service provided, and the actual
6net revenue and non-monetary remuneration from each of the
7contracts or agreements. In addition, the report shall
8indicate for what purpose the revenue was used and how and to
9whom the non-monetary remuneration was distributed.
10    (b-10) To prohibit any contract to purchase food with a
11bidder or offeror if the bidder's or offeror's contract terms
12prohibit the school from donating food to food banks,
13including, but not limited to, homeless shelters, food
14pantries, and soup kitchens.
15    (c) If the State education purchasing entity creates a
16master contract as defined in Article 28A of this Code, then
17the State education purchasing entity shall notify school
18districts of the existence of the master contract.
19    (d) In purchasing supplies, materials, equipment, or
20services that are not subject to subsection (c) of this
21Section, before a school district solicits bids or awards a
22contract, the district may review and consider as a bid under
23subsection (a) of this Section certified education purchasing
24contracts that are already available through the State
25education purchasing entity.
26(Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20;

 

 

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1102-1101, eff. 6-29-22.)
 
2    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
3    Sec. 34-18. Powers of the board. The board shall exercise
4general supervision and jurisdiction over the public education
5and the public school system of the city, and, except as
6otherwise provided by this Article, shall have power:
7        1. To make suitable provision for the establishment
8    and maintenance throughout the year or for such portion
9    thereof as it may direct, not less than 9 months and in
10    compliance with Section 10-19.05, of schools of all grades
11    and kinds, including normal schools, high schools, night
12    schools, schools for defectives and delinquents, parental
13    and truant schools, schools for the blind, the deaf, and
14    persons with physical disabilities, schools or classes in
15    manual training, constructural and vocational teaching,
16    domestic arts, and physical culture, vocation and
17    extension schools and lecture courses, and all other
18    educational courses and facilities, including
19    establishing, equipping, maintaining and operating
20    playgrounds and recreational programs, when such programs
21    are conducted in, adjacent to, or connected with any
22    public school under the general supervision and
23    jurisdiction of the board; provided that the calendar for
24    the school term and any changes must be submitted to and
25    approved by the State Board of Education before the

 

 

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1    calendar or changes may take effect, and provided that in
2    allocating funds from year to year for the operation of
3    all attendance centers within the district, the board
4    shall ensure that supplemental general State aid or
5    supplemental grant funds are allocated and applied in
6    accordance with Section 18-8, 18-8.05, or 18-8.15. To
7    admit to such schools without charge foreign exchange
8    students who are participants in an organized exchange
9    student program which is authorized by the board. The
10    board shall permit all students to enroll in
11    apprenticeship programs in trade schools operated by the
12    board, whether those programs are union-sponsored or not.
13    No student shall be refused admission into or be excluded
14    from any course of instruction offered in the common
15    schools by reason of that student's sex. No student shall
16    be denied equal access to physical education and
17    interscholastic athletic programs supported from school
18    district funds or denied participation in comparable
19    physical education and athletic programs solely by reason
20    of the student's sex. Equal access to programs supported
21    from school district funds and comparable programs will be
22    defined in rules promulgated by the State Board of
23    Education in consultation with the Illinois High School
24    Association. Notwithstanding any other provision of this
25    Article, neither the board of education nor any local
26    school council or other school official shall recommend

 

 

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1    that children with disabilities be placed into regular
2    education classrooms unless those children with
3    disabilities are provided with supplementary services to
4    assist them so that they benefit from the regular
5    classroom instruction and are included on the teacher's
6    regular education class register;
7        2. To furnish lunches to pupils, to make a reasonable
8    charge therefor, and to use school funds for the payment
9    of such expenses as the board may determine are necessary
10    in conducting the school lunch program;
11        3. To co-operate with the circuit court;
12        4. To make arrangements with the public or
13    quasi-public libraries and museums for the use of their
14    facilities by teachers and pupils of the public schools;
15        5. To employ dentists and prescribe their duties for
16    the purpose of treating the pupils in the schools, but
17    accepting such treatment shall be optional with parents or
18    guardians;
19        6. To grant the use of assembly halls and classrooms
20    when not otherwise needed, including light, heat, and
21    attendants, for free public lectures, concerts, and other
22    educational and social interests, free of charge, under
23    such provisions and control as the principal of the
24    affected attendance center may prescribe;
25        7. To apportion the pupils to the several schools;
26    provided that no pupil shall be excluded from or

 

 

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1    segregated in any such school on account of his color,
2    race, sex, or nationality. The board shall take into
3    consideration the prevention of segregation and the
4    elimination of separation of children in public schools
5    because of color, race, sex, or nationality. Except that
6    children may be committed to or attend parental and social
7    adjustment schools established and maintained either for
8    boys or girls only. All records pertaining to the
9    creation, alteration or revision of attendance areas shall
10    be open to the public. Nothing herein shall limit the
11    board's authority to establish multi-area attendance
12    centers or other student assignment systems for
13    desegregation purposes or otherwise, and to apportion the
14    pupils to the several schools. Furthermore, beginning in
15    school year 1994-95, pursuant to a board plan adopted by
16    October 1, 1993, the board shall offer, commencing on a
17    phased-in basis, the opportunity for families within the
18    school district to apply for enrollment of their children
19    in any attendance center within the school district which
20    does not have selective admission requirements approved by
21    the board. The appropriate geographical area in which such
22    open enrollment may be exercised shall be determined by
23    the board of education. Such children may be admitted to
24    any such attendance center on a space available basis
25    after all children residing within such attendance
26    center's area have been accommodated. If the number of

 

 

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1    applicants from outside the attendance area exceed the
2    space available, then successful applicants shall be
3    selected by lottery. The board of education's open
4    enrollment plan must include provisions that allow
5    low-income students to have access to transportation
6    needed to exercise school choice. Open enrollment shall be
7    in compliance with the provisions of the Consent Decree
8    and Desegregation Plan cited in Section 34-1.01;
9        8. To approve programs and policies for providing
10    transportation services to students. Nothing herein shall
11    be construed to permit or empower the State Board of
12    Education to order, mandate, or require busing or other
13    transportation of pupils for the purpose of achieving
14    racial balance in any school;
15        9. Subject to the limitations in this Article, to
16    establish and approve system-wide curriculum objectives
17    and standards, including graduation standards, which
18    reflect the multi-cultural diversity in the city and are
19    consistent with State law, provided that for all purposes
20    of this Article courses or proficiency in American Sign
21    Language shall be deemed to constitute courses or
22    proficiency in a foreign language; and to employ
23    principals and teachers, appointed as provided in this
24    Article, and fix their compensation. The board shall
25    prepare such reports related to minimal competency testing
26    as may be requested by the State Board of Education and, in

 

 

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1    addition, shall monitor and approve special education and
2    bilingual education programs and policies within the
3    district to ensure that appropriate services are provided
4    in accordance with applicable State and federal laws to
5    children requiring services and education in those areas;
6        10. To employ non-teaching personnel or utilize
7    volunteer personnel for: (i) non-teaching duties not
8    requiring instructional judgment or evaluation of pupils,
9    including library duties; and (ii) supervising study
10    halls, long distance teaching reception areas used
11    incident to instructional programs transmitted by
12    electronic media such as computers, video, and audio,
13    detention and discipline areas, and school-sponsored
14    extracurricular activities. The board may further utilize
15    volunteer nonlicensed personnel or employ nonlicensed
16    personnel to assist in the instruction of pupils under the
17    immediate supervision of a teacher holding a valid
18    educator license, directly engaged in teaching subject
19    matter or conducting activities; provided that the teacher
20    shall be continuously aware of the nonlicensed persons'
21    activities and shall be able to control or modify them.
22    The general superintendent shall determine qualifications
23    of such personnel and shall prescribe rules for
24    determining the duties and activities to be assigned to
25    such personnel;
26        10.5. To utilize volunteer personnel from a regional

 

 

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1    School Crisis Assistance Team (S.C.A.T.), created as part
2    of the Safe to Learn Program established pursuant to
3    Section 25 of the Illinois Violence Prevention Act of
4    1995, to provide assistance to schools in times of
5    violence or other traumatic incidents within a school
6    community by providing crisis intervention services to
7    lessen the effects of emotional trauma on individuals and
8    the community; the School Crisis Assistance Team Steering
9    Committee shall determine the qualifications for
10    volunteers;
11        11. To provide television studio facilities in not to
12    exceed one school building and to provide programs for
13    educational purposes, provided, however, that the board
14    shall not construct, acquire, operate, or maintain a
15    television transmitter; to grant the use of its studio
16    facilities to a licensed television station located in the
17    school district; and to maintain and operate not to exceed
18    one school radio transmitting station and provide programs
19    for educational purposes;
20        12. To offer, if deemed appropriate, outdoor education
21    courses, including field trips within the State of
22    Illinois, or adjacent states, and to use school
23    educational funds for the expense of the said outdoor
24    educational programs, whether within the school district
25    or not;
26        13. During that period of the calendar year not

 

 

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1    embraced within the regular school term, to provide and
2    conduct courses in subject matters normally embraced in
3    the program of the schools during the regular school term
4    and to give regular school credit for satisfactory
5    completion by the student of such courses as may be
6    approved for credit by the State Board of Education;
7        14. To insure against any loss or liability of the
8    board, the former School Board Nominating Commission,
9    Local School Councils, the Chicago Schools Academic
10    Accountability Council, or the former Subdistrict Councils
11    or of any member, officer, agent, or employee thereof,
12    resulting from alleged violations of civil rights arising
13    from incidents occurring on or after September 5, 1967 or
14    from the wrongful or negligent act or omission of any such
15    person whether occurring within or without the school
16    premises, provided the officer, agent, or employee was, at
17    the time of the alleged violation of civil rights or
18    wrongful act or omission, acting within the scope of his
19    or her employment or under direction of the board, the
20    former School Board Nominating Commission, the Chicago
21    Schools Academic Accountability Council, Local School
22    Councils, or the former Subdistrict Councils; and to
23    provide for or participate in insurance plans for its
24    officers and employees, including, but not limited to,
25    retirement annuities, medical, surgical and
26    hospitalization benefits in such types and amounts as may

 

 

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1    be determined by the board; provided, however, that the
2    board shall contract for such insurance only with an
3    insurance company authorized to do business in this State.
4    Such insurance may include provision for employees who
5    rely on treatment by prayer or spiritual means alone for
6    healing, in accordance with the tenets and practice of a
7    recognized religious denomination;
8        15. To contract with the corporate authorities of any
9    municipality or the county board of any county, as the
10    case may be, to provide for the regulation of traffic in
11    parking areas of property used for school purposes, in
12    such manner as is provided by Section 11-209 of the
13    Illinois Vehicle Code;
14        16. (a) To provide, on an equal basis, access to a high
15    school campus and student directory information to the
16    official recruiting representatives of the armed forces of
17    Illinois and the United States for the purposes of
18    informing students of the educational and career
19    opportunities available in the military if the board has
20    provided such access to persons or groups whose purpose is
21    to acquaint students with educational or occupational
22    opportunities available to them. The board is not required
23    to give greater notice regarding the right of access to
24    recruiting representatives than is given to other persons
25    and groups. In this paragraph 16, "directory information"
26    means a high school student's name, address, and telephone

 

 

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1    number.
2        (b) If a student or his or her parent or guardian
3    submits a signed, written request to the high school
4    before the end of the student's sophomore year (or if the
5    student is a transfer student, by another time set by the
6    high school) that indicates that the student or his or her
7    parent or guardian does not want the student's directory
8    information to be provided to official recruiting
9    representatives under subsection (a) of this Section, the
10    high school may not provide access to the student's
11    directory information to these recruiting representatives.
12    The high school shall notify its students and their
13    parents or guardians of the provisions of this subsection
14    (b).
15        (c) A high school may require official recruiting
16    representatives of the armed forces of Illinois and the
17    United States to pay a fee for copying and mailing a
18    student's directory information in an amount that is not
19    more than the actual costs incurred by the high school.
20        (d) Information received by an official recruiting
21    representative under this Section may be used only to
22    provide information to students concerning educational and
23    career opportunities available in the military and may not
24    be released to a person who is not involved in recruiting
25    students for the armed forces of Illinois or the United
26    States;

 

 

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1        17. (a) To sell or market any computer program
2    developed by an employee of the school district, provided
3    that such employee developed the computer program as a
4    direct result of his or her duties with the school
5    district or through the utilization of school district
6    resources or facilities. The employee who developed the
7    computer program shall be entitled to share in the
8    proceeds of such sale or marketing of the computer
9    program. The distribution of such proceeds between the
10    employee and the school district shall be as agreed upon
11    by the employee and the school district, except that
12    neither the employee nor the school district may receive
13    more than 90% of such proceeds. The negotiation for an
14    employee who is represented by an exclusive bargaining
15    representative may be conducted by such bargaining
16    representative at the employee's request.
17        (b) For the purpose of this paragraph 17:
18            (1) "Computer" means an internally programmed,
19        general purpose digital device capable of
20        automatically accepting data, processing data and
21        supplying the results of the operation.
22            (2) "Computer program" means a series of coded
23        instructions or statements in a form acceptable to a
24        computer, which causes the computer to process data in
25        order to achieve a certain result.
26            (3) "Proceeds" means profits derived from the

 

 

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1        marketing or sale of a product after deducting the
2        expenses of developing and marketing such product;
3        18. To delegate to the general superintendent of
4    schools, by resolution, the authority to approve contracts
5    and expenditures in amounts of $35,000 $10,000 or less;
6        19. Upon the written request of an employee, to
7    withhold from the compensation of that employee any dues,
8    payments, or contributions payable by such employee to any
9    labor organization as defined in the Illinois Educational
10    Labor Relations Act. Under such arrangement, an amount
11    shall be withheld from each regular payroll period which
12    is equal to the pro rata share of the annual dues plus any
13    payments or contributions, and the board shall transmit
14    such withholdings to the specified labor organization
15    within 10 working days from the time of the withholding;
16        19a. Upon receipt of notice from the comptroller of a
17    municipality with a population of 500,000 or more, a
18    county with a population of 3,000,000 or more, the Cook
19    County Forest Preserve District, the Chicago Park
20    District, the Metropolitan Water Reclamation District, the
21    Chicago Transit Authority, or a housing authority of a
22    municipality with a population of 500,000 or more that a
23    debt is due and owing the municipality, the county, the
24    Cook County Forest Preserve District, the Chicago Park
25    District, the Metropolitan Water Reclamation District, the
26    Chicago Transit Authority, or the housing authority by an

 

 

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1    employee of the Chicago Board of Education, to withhold,
2    from the compensation of that employee, the amount of the
3    debt that is due and owing and pay the amount withheld to
4    the municipality, the county, the Cook County Forest
5    Preserve District, the Chicago Park District, the
6    Metropolitan Water Reclamation District, the Chicago
7    Transit Authority, or the housing authority; provided,
8    however, that the amount deducted from any one salary or
9    wage payment shall not exceed 25% of the net amount of the
10    payment. Before the Board deducts any amount from any
11    salary or wage of an employee under this paragraph, the
12    municipality, the county, the Cook County Forest Preserve
13    District, the Chicago Park District, the Metropolitan
14    Water Reclamation District, the Chicago Transit Authority,
15    or the housing authority shall certify that (i) the
16    employee has been afforded an opportunity for a hearing to
17    dispute the debt that is due and owing the municipality,
18    the county, the Cook County Forest Preserve District, the
19    Chicago Park District, the Metropolitan Water Reclamation
20    District, the Chicago Transit Authority, or the housing
21    authority and (ii) the employee has received notice of a
22    wage deduction order and has been afforded an opportunity
23    for a hearing to object to the order. For purposes of this
24    paragraph, "net amount" means that part of the salary or
25    wage payment remaining after the deduction of any amounts
26    required by law to be deducted and "debt due and owing"

 

 

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1    means (i) a specified sum of money owed to the
2    municipality, the county, the Cook County Forest Preserve
3    District, the Chicago Park District, the Metropolitan
4    Water Reclamation District, the Chicago Transit Authority,
5    or the housing authority for services, work, or goods,
6    after the period granted for payment has expired, or (ii)
7    a specified sum of money owed to the municipality, the
8    county, the Cook County Forest Preserve District, the
9    Chicago Park District, the Metropolitan Water Reclamation
10    District, the Chicago Transit Authority, or the housing
11    authority pursuant to a court order or order of an
12    administrative hearing officer after the exhaustion of, or
13    the failure to exhaust, judicial review;
14        20. The board is encouraged to employ a sufficient
15    number of licensed school counselors to maintain a
16    student/counselor ratio of 250 to 1. Each counselor shall
17    spend at least 75% of his work time in direct contact with
18    students and shall maintain a record of such time;
19        21. To make available to students vocational and
20    career counseling and to establish 5 special career
21    counseling days for students and parents. On these days
22    representatives of local businesses and industries shall
23    be invited to the school campus and shall inform students
24    of career opportunities available to them in the various
25    businesses and industries. Special consideration shall be
26    given to counseling minority students as to career

 

 

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1    opportunities available to them in various fields. For the
2    purposes of this paragraph, minority student means a
3    person who is any of the following:
4        (a) American Indian or Alaska Native (a person having
5    origins in any of the original peoples of North and South
6    America, including Central America, and who maintains
7    tribal affiliation or community attachment).
8        (b) Asian (a person having origins in any of the
9    original peoples of the Far East, Southeast Asia, or the
10    Indian subcontinent, including, but not limited to,
11    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
12    the Philippine Islands, Thailand, and Vietnam).
13        (c) Black or African American (a person having origins
14    in any of the black racial groups of Africa).
15        (d) Hispanic or Latino (a person of Cuban, Mexican,
16    Puerto Rican, South or Central American, or other Spanish
17    culture or origin, regardless of race).
18        (e) Native Hawaiian or Other Pacific Islander (a
19    person having origins in any of the original peoples of
20    Hawaii, Guam, Samoa, or other Pacific Islands).
21        Counseling days shall not be in lieu of regular school
22    days;
23        22. To report to the State Board of Education the
24    annual student dropout rate and number of students who
25    graduate from, transfer from, or otherwise leave bilingual
26    programs;

 

 

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1        23. Except as otherwise provided in the Abused and
2    Neglected Child Reporting Act or other applicable State or
3    federal law, to permit school officials to withhold, from
4    any person, information on the whereabouts of any child
5    removed from school premises when the child has been taken
6    into protective custody as a victim of suspected child
7    abuse. School officials shall direct such person to the
8    Department of Children and Family Services or to the local
9    law enforcement agency, if appropriate;
10        24. To develop a policy, based on the current state of
11    existing school facilities, projected enrollment, and
12    efficient utilization of available resources, for capital
13    improvement of schools and school buildings within the
14    district, addressing in that policy both the relative
15    priority for major repairs, renovations, and additions to
16    school facilities and the advisability or necessity of
17    building new school facilities or closing existing schools
18    to meet current or projected demographic patterns within
19    the district;
20        25. To make available to the students in every high
21    school attendance center the ability to take all courses
22    necessary to comply with the Board of Higher Education's
23    college entrance criteria effective in 1993;
24        26. To encourage mid-career changes into the teaching
25    profession, whereby qualified professionals become
26    licensed teachers, by allowing credit for professional

 

 

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1    employment in related fields when determining point of
2    entry on the teacher pay scale;
3        27. To provide or contract out training programs for
4    administrative personnel and principals with revised or
5    expanded duties pursuant to this Code in order to ensure
6    they have the knowledge and skills to perform their
7    duties;
8        28. To establish a fund for the prioritized special
9    needs programs, and to allocate such funds and other lump
10    sum amounts to each attendance center in a manner
11    consistent with the provisions of part 4 of Section
12    34-2.3. Nothing in this paragraph shall be construed to
13    require any additional appropriations of State funds for
14    this purpose;
15        29. (Blank);
16        30. Notwithstanding any other provision of this Act or
17    any other law to the contrary, to contract with third
18    parties for services otherwise performed by employees,
19    including those in a bargaining unit, and to layoff those
20    employees upon 14 days written notice to the affected
21    employees. Those contracts may be for a period not to
22    exceed 5 years and may be awarded on a system-wide basis.
23    The board may not operate more than 30 contract schools,
24    provided that the board may operate an additional 5
25    contract turnaround schools pursuant to item (5.5) of
26    subsection (d) of Section 34-8.3 of this Code, and the

 

 

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1    governing bodies of contract schools are subject to the
2    Freedom of Information Act and Open Meetings Act;
3        31. To promulgate rules establishing procedures
4    governing the layoff or reduction in force of employees
5    and the recall of such employees, including, but not
6    limited to, criteria for such layoffs, reductions in force
7    or recall rights of such employees and the weight to be
8    given to any particular criterion. Such criteria shall
9    take into account factors, including, but not limited to,
10    qualifications, certifications, experience, performance
11    ratings or evaluations, and any other factors relating to
12    an employee's job performance;
13        32. To develop a policy to prevent nepotism in the
14    hiring of personnel or the selection of contractors;
15        33. (Blank); and
16        34. To establish a Labor Management Council to the
17    board comprised of representatives of the board, the chief
18    executive officer, and those labor organizations that are
19    the exclusive representatives of employees of the board
20    and to promulgate policies and procedures for the
21    operation of the Council.
22    The specifications of the powers herein granted are not to
23be construed as exclusive, but the board shall also exercise
24all other powers that may be requisite or proper for the
25maintenance and the development of a public school system, not
26inconsistent with the other provisions of this Article or

 

 

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1provisions of this Code which apply to all school districts.
2    In addition to the powers herein granted and authorized to
3be exercised by the board, it shall be the duty of the board to
4review or to direct independent reviews of special education
5expenditures and services. The board shall file a report of
6such review with the General Assembly on or before May 1, 1990.
7(Source: P.A. 101-12, eff. 7-1-19; 101-88, eff. 1-1-20;
8102-465, eff. 1-1-22; 102-558, eff. 8-20-21; 102-894, eff.
95-20-22.)
 
10    (105 ILCS 5/34-21.3)  (from Ch. 122, par. 34-21.3)
11    Sec. 34-21.3. Contracts. The board shall by record vote
12let all contracts (other than those excepted by Section
1310-20.21 of this The School Code) for supplies, materials, or
14work, and contracts with private carriers for transportation
15of pupils, involving an expenditure in excess of $35,000
16$25,000 or a lower amount as required by board policy by
17competitive bidding as provided in Section 10-20.21 of this
18The School Code.
19    The board may delegate to the general superintendent of
20schools, by resolution, the authority to approve contracts in
21amounts of $35,000 $25,000 or less.
22    For a period of one year from and after the expiration or
23other termination of his or her term of office as a member of
24the board: (i) the former board member shall not be eligible
25for employment nor be employed by the board, a local school

 

 

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1council, an attendance center, or any other subdivision or
2agent of the board or the school district governed by the
3board, and (ii) neither the board nor the chief purchasing
4officer shall let or delegate authority to let any contract
5for services, employment, or other work to the former board
6member or to any corporation, partnership, association, sole
7proprietorship, or other entity other than publicly traded
8companies from which the former board member receives an
9annual income, dividends, or other compensation in excess of
10$1,500. Any contract that is entered into by or under a
11delegation of authority from the board or the chief purchasing
12officer shall contain a provision stating that the contract is
13not legally binding on the board if entered into in violation
14of the provisions of this paragraph.
15    In addition, the State Board of Education, in consultation
16with the board, shall (i) review existing conflict of interest
17and disclosure laws or regulations that are applicable to the
18executive officers and governing boards of school districts
19organized under this Article and school districts generally,
20(ii) determine what additional disclosure and conflict of
21interest provisions would enhance the reputation and fiscal
22integrity of the board and the procedure under which contracts
23for goods and services are let, and (iii) develop appropriate
24reporting forms and procedures applicable to the executive
25officers, governing board, and other officials of the school
26district.

 

 

HB2233 Engrossed- 29 -LRB103 25477 RJT 51826 b

1(Source: P.A. 95-990, eff. 10-3-08.)