96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5999

 

Introduced 2/10/2010, by Rep. Harry Osterman

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/34-18   from Ch. 122, par. 34-18

    Amends the Chicago School District Article of the School Code. Makes a technical change in a Section concerning the powers of the board.


LRB096 19238 MJR 34629 b

 

 

A BILL FOR

 

HB5999 LRB096 19238 MJR 34629 b

1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The School Code is amended by changing Section
5 34-18 as follows:
 
6     (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
7     Sec. 34-18. Powers of the board. The The board shall
8 exercise general supervision and jurisdiction over the public
9 education and the public school system of the city, and, except
10 as otherwise provided by this Article, shall have power:
11         1. To make suitable provision for the establishment and
12     maintenance throughout the year or for such portion thereof
13     as it may direct, not less than 9 months, of schools of all
14     grades and kinds, including normal schools, high schools,
15     night schools, schools for defectives and delinquents,
16     parental and truant schools, schools for the blind, the
17     deaf and the crippled, schools or classes in manual
18     training, constructural and vocational teaching, domestic
19     arts and physical culture, vocation and extension schools
20     and lecture courses, and all other educational courses and
21     facilities, including establishing, equipping, maintaining
22     and operating playgrounds and recreational programs, when
23     such programs are conducted in, adjacent to, or connected

 

 

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1     with any public school under the general supervision and
2     jurisdiction of the board; provided that the calendar for
3     the school term and any changes must be submitted to and
4     approved by the State Board of Education before the
5     calendar or changes may take effect, and provided that in
6     allocating funds from year to year for the operation of all
7     attendance centers within the district, the board shall
8     ensure that supplemental general State aid funds are
9     allocated and applied in accordance with Section 18-8 or
10     18-8.05. To admit to such schools without charge foreign
11     exchange students who are participants in an organized
12     exchange student program which is authorized by the board.
13     The board shall permit all students to enroll in
14     apprenticeship programs in trade schools operated by the
15     board, whether those programs are union-sponsored or not.
16     No student shall be refused admission into or be excluded
17     from any course of instruction offered in the common
18     schools by reason of that student's sex. No student shall
19     be denied equal access to physical education and
20     interscholastic athletic programs supported from school
21     district funds or denied participation in comparable
22     physical education and athletic programs solely by reason
23     of the student's sex. Equal access to programs supported
24     from school district funds and comparable programs will be
25     defined in rules promulgated by the State Board of
26     Education in consultation with the Illinois High School

 

 

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1     Association. Notwithstanding any other provision of this
2     Article, neither the board of education nor any local
3     school council or other school official shall recommend
4     that children with disabilities be placed into regular
5     education classrooms unless those children with
6     disabilities are provided with supplementary services to
7     assist them so that they benefit from the regular classroom
8     instruction and are included on the teacher's regular
9     education class register;
10         2. To furnish lunches to pupils, to make a reasonable
11     charge therefor, and to use school funds for the payment of
12     such expenses as the board may determine are necessary in
13     conducting the school lunch program;
14         3. To co-operate with the circuit court;
15         4. To make arrangements with the public or quasi-public
16     libraries and museums for the use of their facilities by
17     teachers and pupils of the public schools;
18         5. To employ dentists and prescribe their duties for
19     the purpose of treating the pupils in the schools, but
20     accepting such treatment shall be optional with parents or
21     guardians;
22         6. To grant the use of assembly halls and classrooms
23     when not otherwise needed, including light, heat, and
24     attendants, for free public lectures, concerts, and other
25     educational and social interests, free of charge, under
26     such provisions and control as the principal of the

 

 

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1     affected attendance center may prescribe;
2         7. To apportion the pupils to the several schools;
3     provided that no pupil shall be excluded from or segregated
4     in any such school on account of his color, race, sex, or
5     nationality. The board shall take into consideration the
6     prevention of segregation and the elimination of
7     separation of children in public schools because of color,
8     race, sex, or nationality. Except that children may be
9     committed to or attend parental and social adjustment
10     schools established and maintained either for boys or girls
11     only. All records pertaining to the creation, alteration or
12     revision of attendance areas shall be open to the public.
13     Nothing herein shall limit the board's authority to
14     establish multi-area attendance centers or other student
15     assignment systems for desegregation purposes or
16     otherwise, and to apportion the pupils to the several
17     schools. Furthermore, beginning in school year 1994-95,
18     pursuant to a board plan adopted by October 1, 1993, the
19     board shall offer, commencing on a phased-in basis, the
20     opportunity for families within the school district to
21     apply for enrollment of their children in any attendance
22     center within the school district which does not have
23     selective admission requirements approved by the board.
24     The appropriate geographical area in which such open
25     enrollment may be exercised shall be determined by the
26     board of education. Such children may be admitted to any

 

 

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

 

 

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

 

 

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1     for determining the duties and activities to be assigned to
2     such personnel;
3         10.5. To utilize volunteer personnel from a regional
4     School Crisis Assistance Team (S.C.A.T.), created as part
5     of the Safe to Learn Program established pursuant to
6     Section 25 of the Illinois Violence Prevention Act of 1995,
7     to provide assistance to schools in times of violence or
8     other traumatic incidents within a school community by
9     providing crisis intervention services to lessen the
10     effects of emotional trauma on individuals and the
11     community; the School Crisis Assistance Team Steering
12     Committee shall determine the qualifications for
13     volunteers;
14         11. To provide television studio facilities in not to
15     exceed one school building and to provide programs for
16     educational purposes, provided, however, that the board
17     shall not construct, acquire, operate, or maintain a
18     television transmitter; to grant the use of its studio
19     facilities to a licensed television station located in the
20     school district; and to maintain and operate not to exceed
21     one school radio transmitting station and provide programs
22     for educational purposes;
23         12. To offer, if deemed appropriate, outdoor education
24     courses, including field trips within the State of
25     Illinois, or adjacent states, and to use school educational
26     funds for the expense of the said outdoor educational

 

 

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

 

 

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1     annuities, medical, surgical and hospitalization benefits
2     in such types and amounts as may be determined by the
3     board; provided, however, that the board shall contract for
4     such insurance only with an insurance company authorized to
5     do business in this State. Such insurance may include
6     provision for employees who rely on treatment by prayer or
7     spiritual means alone for healing, in accordance with the
8     tenets and practice of a recognized religious
9     denomination;
10         15. To contract with the corporate authorities of any
11     municipality or the county board of any county, as the case
12     may be, to provide for the regulation of traffic in parking
13     areas of property used for school purposes, in such manner
14     as is provided by Section 11-209 of The Illinois Vehicle
15     Code, approved September 29, 1969, as amended;
16         16. (a) To provide, on an equal basis, access to a high
17     school campus and student directory information to the
18     official recruiting representatives of the armed forces of
19     Illinois and the United States for the purposes of
20     informing students of the educational and career
21     opportunities available in the military if the board has
22     provided such access to persons or groups whose purpose is
23     to acquaint students with educational or occupational
24     opportunities available to them. The board is not required
25     to give greater notice regarding the right of access to
26     recruiting representatives than is given to other persons

 

 

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

 

 

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1     States;
2         17. (a) To sell or market any computer program
3     developed by an employee of the school district, provided
4     that such employee developed the computer program as a
5     direct result of his or her duties with the school district
6     or through the utilization of the school district resources
7     or facilities. The employee who developed the computer
8     program shall be entitled to share in the proceeds of such
9     sale or marketing of the computer program. The distribution
10     of such proceeds between the employee and the school
11     district shall be as agreed upon by the employee and the
12     school district, except that neither the employee nor the
13     school district may receive more than 90% of such proceeds.
14     The negotiation for an employee who is represented by an
15     exclusive bargaining representative may be conducted by
16     such bargaining 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

 

 

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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 $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 is
12     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 county
18     with a population of 3,000,000 or more, the Cook County
19     Forest Preserve District, the Chicago Park District, the
20     Metropolitan Water Reclamation District, the Chicago
21     Transit Authority, or a housing authority of a municipality
22     with a population of 500,000 or more that a debt is due and
23     owing the municipality, the county, the Cook County Forest
24     Preserve District, the Chicago Park District, the
25     Metropolitan Water Reclamation District, the Chicago
26     Transit Authority, or the housing authority by an employee

 

 

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

 

 

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1     specified sum of money owed to the municipality, the
2     county, the Cook County Forest Preserve District, the
3     Chicago Park District, the Metropolitan Water Reclamation
4     District, the Chicago Transit Authority, or the housing
5     authority for services, work, or goods, after the period
6     granted for payment has expired, or (ii) a specified sum of
7     money owed to the municipality, the county, the Cook County
8     Forest Preserve District, the Chicago Park District, the
9     Metropolitan Water Reclamation District, the Chicago
10     Transit Authority, or the housing authority pursuant to a
11     court order or order of an administrative hearing officer
12     after the exhaustion of, or the failure to exhaust,
13     judicial review;
14         20. The board is encouraged to employ a sufficient
15     number of certified school counselors to maintain a
16     student/counselor ratio of 250 to 1 by July 1, 1990. Each
17     counselor shall spend at least 75% of his work time in
18     direct contact with students and shall maintain a record of
19     such time;
20         21. To make available to students vocational and career
21     counseling and to establish 5 special career counseling
22     days for students and parents. On these days
23     representatives of local businesses and industries shall
24     be invited to the school campus and shall inform students
25     of career opportunities available to them in the various
26     businesses and industries. Special consideration shall be

 

 

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1     given to counseling minority students as to career
2     opportunities available to them in various fields. For the
3     purposes of this paragraph, minority student means a person
4     who is:
5             (a) Black (a person having origins in any of the
6         black racial groups in Africa);
7             (b) Hispanic (a person of Spanish or Portuguese
8         culture with origins in Mexico, South or Central
9         America, or the Caribbean islands, regardless of
10         race);
11             (c) Asian American (a person having origins in any
12         of the original peoples of the Far East, Southeast
13         Asia, the Indian Subcontinent or the Pacific Islands);
14         or
15             (d) American Indian or Alaskan Native (a person
16         having origins in any of the original peoples of North
17         America).
18         Counseling days shall not be in lieu of regular school
19     days;
20         22. To report to the State Board of Education the
21     annual student dropout rate and number of students who
22     graduate from, transfer from or otherwise leave bilingual
23     programs;
24         23. Except as otherwise provided in the Abused and
25     Neglected Child Reporting Act or other applicable State or
26     federal law, to permit school officials to withhold, from

 

 

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

 

 

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

 

 

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1     to any particular criterion. Such criteria shall take into
2     account factors including, but not be limited to,
3     qualifications, certifications, experience, performance
4     ratings or evaluations, and any other factors relating to
5     an employee's job performance;
6         32. To develop a policy to prevent nepotism in the
7     hiring of personnel or the selection of contractors;
8         33. To enter into a partnership agreement, as required
9     by Section 34-3.5 of this Code, and, notwithstanding any
10     other provision of law to the contrary, to promulgate
11     policies, enter into contracts, and take any other action
12     necessary to accomplish the objectives and implement the
13     requirements of that agreement; and
14         34. To establish a Labor Management Council to the
15     board comprised of representatives of the board, the chief
16     executive officer, and those labor organizations that are
17     the exclusive representatives of employees of the board and
18     to promulgate policies and procedures for the operation of
19     the Council.
20     The specifications of the powers herein granted are not to
21 be construed as exclusive but the board shall also exercise all
22 other powers that they may be requisite or proper for the
23 maintenance and the development of a public school system, not
24 inconsistent with the other provisions of this Article or
25 provisions of this Code which apply to all school districts.
26     In addition to the powers herein granted and authorized to

 

 

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1 be exercised by the board, it shall be the duty of the board to
2 review or to direct independent reviews of special education
3 expenditures and services. The board shall file a report of
4 such review with the General Assembly on or before May 1, 1990.
5 (Source: P.A. 96-105, eff. 7-30-09.)