Illinois General Assembly - Full Text of SB0028
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Full Text of SB0028  101st General Assembly




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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
52-3.66b, 10-19, 10-20.56, 13B-45, 13B-50.5, 29-6.3, and 34-18
6and by adding Section 10-19.05 as follows:
7    (105 ILCS 5/2-3.66b)
8    Sec. 2-3.66b. IHOPE Program.
9    (a) There is established the Illinois Hope and Opportunity
10Pathways through Education (IHOPE) Program. The State Board of
11Education shall implement and administer the IHOPE Program. The
12goal of the IHOPE Program is to develop a comprehensive system
13in this State to re-enroll significant numbers of high school
14dropouts in programs that will enable them to earn their high
15school diploma.
16    (b) The IHOPE Program shall award grants, subject to
17appropriation for this purpose, to educational service regions
18and a school district organized under Article 34 of this Code
19from appropriated funds to assist in establishing
20instructional programs and other services designed to
21re-enroll high school dropouts. From any funds appropriated for
22the IHOPE Program, the State Board of Education may use up to
235% for administrative costs, including the performance of a



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1program evaluation and the hiring of staff to implement and
2administer the program.
3    The IHOPE Program shall provide incentive grant funds for
4regional offices of education and a school district organized
5under Article 34 of this Code to develop partnerships with
6school districts, public community colleges, and community
7groups to build comprehensive plans to re-enroll high school
8dropouts in their regions or districts.
9    Programs funded through the IHOPE Program shall allow high
10school dropouts, up to and including age 21 notwithstanding
11Section 26-2 of this Code, to re-enroll in an educational
12program in conformance with rules adopted by the State Board of
13Education. Programs may include without limitation
14comprehensive year-round programming, evening school, summer
15school, community college courses, adult education, vocational
16training, work experience, programs to enhance self-concept,
17and parenting courses. Any student in the IHOPE Program who
18wishes to earn a high school diploma must meet the
19prerequisites to receiving a high school diploma specified in
20Section 27-22 of this Code and any other graduation
21requirements of the student's district of residence. Any
22student who successfully completes the requirements for his or
23her graduation shall receive a diploma identifying the student
24as graduating from his or her district of residence.
25    (c) In order to be eligible for funding under the IHOPE
26Program, an interested regional office of education or a school



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1district organized under Article 34 of this Code shall develop
2an IHOPE Plan to be approved by the State Board of Education.
3The State Board of Education shall develop rules for the IHOPE
4Program that shall set forth the requirements for the
5development of the IHOPE Plan. Each Plan shall involve school
6districts, public community colleges, and key community
7programs that work with high school dropouts located in an
8educational service region or the City of Chicago before the
9Plan is sent to the State Board for approval. No funds may be
10distributed to a regional office of education or a school
11district organized under Article 34 of this Code until the
12State Board has approved the Plan.
13    (d) A regional office of education or a school district
14organized under Article 34 of this Code may operate its own
15program funded by the IHOPE Program or enter into a contract
16with other not-for-profit entities, including school
17districts, public community colleges, and not-for-profit
18community-based organizations, to operate a program.
19    A regional office of education or a school district
20organized under Article 34 of this Code that receives an IHOPE
21grant from the State Board of Education may provide funds under
22a sub-grant, as specified in the IHOPE Plan, to other
23not-for-profit entities to provide services according to the
24IHOPE Plan that was developed. These other entities may include
25school districts, public community colleges, or not-for-profit
26community-based organizations or a cooperative partnership



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1among these entities.
2    (e) In order to distribute funding based upon the need to
3ensure delivery of programs that will have the greatest impact,
4IHOPE Program funding must be distributed based upon the
5proportion of dropouts in the educational service region or
6school district, in the case of a school district organized
7under Article 34 of this Code, to the total number of dropouts
8in this State. This formula shall employ the dropout data
9provided by school districts to the State Board of Education.
10    A regional office of education or a school district
11organized under Article 34 of this Code may claim State aid
12under Section 18-8.05 or 18-8.15 of this Code for students
13enrolled in a program funded by the IHOPE Program, provided
14that the State Board of Education has approved the IHOPE Plan
15and that these students are receiving services that are meeting
16the requirements of Section 27-22 of this Code for receipt of a
17high school diploma and are otherwise eligible to be claimed
18for general State aid under Section 18-8.05 of this Code or
19evidence-based funding under Section 18-8.15 of this Code,
20including provisions related to the minimum number of days of
21pupil attendance pursuant to Section 10-19 of this Code and the
22minimum number of daily hours of school work required under
23Section 10-19.05 and any exceptions thereto as defined by the
24State Board of Education in rules.
25    (f) IHOPE categories of programming may include the



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1        (1) Full-time programs that are comprehensive,
2    year-round programs.
3        (2) Part-time programs combining work and study
4    scheduled at various times that are flexible to the needs
5    of students.
6        (3) Online programs and courses in which students take
7    courses and complete on-site, supervised tests that
8    measure the student's mastery of a specific course needed
9    for graduation. Students may take courses online and earn
10    credit or students may prepare to take supervised tests for
11    specific courses for credit leading to receipt of a high
12    school diploma.
13        (4) Dual enrollment in which students attend high
14    school classes in combination with community college
15    classes or students attend community college classes while
16    simultaneously earning high school credit and eventually a
17    high school diploma.
18    (g) In order to have successful comprehensive programs
19re-enrolling and graduating low-skilled high school dropouts,
20programs funded through the IHOPE Program shall include all of
21the following components:
22        (1) Small programs (70 to 100 students) at a separate
23    school site with a distinct identity. Programs may be
24    larger with specific need and justification, keeping in
25    mind that it is crucial to keep programs small to be
26    effective.



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1        (2) Specific performance-based goals and outcomes and
2    measures of enrollment, attendance, skills, credits,
3    graduation, and the transition to college, training, and
4    employment.
5        (3) Strong, experienced leadership and teaching staff
6    who are provided with ongoing professional development.
7        (4) Voluntary enrollment.
8        (5) High standards for student learning, integrating
9    work experience, and education, including during the
10    school year and after school, and summer school programs
11    that link internships, work, and learning.
12        (6) Comprehensive programs providing extensive support
13    services.
14        (7) Small teams of students supported by full-time paid
15    mentors who work to retain and help those students
16    graduate.
17        (8) A comprehensive technology learning center with
18    Internet access and broad-based curriculum focusing on
19    academic and career subject areas.
20        (9) Learning opportunities that incorporate action
21    into study.
22    (h) Programs funded through the IHOPE Program must report
23data to the State Board of Education as requested. This
24information shall include, but is not limited to, student
25enrollment figures, attendance information, course completion
26data, graduation information, and post-graduation information,



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1as available.
2    (i) Rules must be developed by the State Board of Education
3to set forth the fund distribution process to regional offices
4of education and a school district organized under Article 34
5of this Code, the planning and the conditions upon which an
6IHOPE Plan would be approved by State Board, and other rules to
7develop the IHOPE Program.
8(Source: P.A. 100-465, eff. 8-31-17.)
9    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
10    Sec. 10-19. Length of school term - experimental programs.
11Each school board shall annually prepare a calendar for the
12school term, specifying the opening and closing dates and
13providing a minimum term of at least 185 days to insure 176
14days of actual pupil attendance, computable under Section
1510-19.05 18-8.05 or 18-8.15, except that for the 1980-1981
16school year only 175 days of actual pupil attendance shall be
17required because of the closing of schools pursuant to Section
1824-2 on January 29, 1981 upon the appointment by the President
19of that day as a day of thanksgiving for the freedom of the
20Americans who had been held hostage in Iran. Any days allowed
21by law for teachers' institutes but not used as such or used as
22parental institutes as provided in Section 10-22.18d shall
23increase the minimum term by the school days not so used.
24Except as provided in Section 10-19.1, the board may not extend
25the school term beyond such closing date unless that extension



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1of term is necessary to provide the minimum number of
2computable days. In case of such necessary extension school
3employees shall be paid for such additional time on the basis
4of their regular contracts. A school board may specify a
5closing date earlier than that set on the annual calendar when
6the schools of the district have provided the minimum number of
7computable days under this Section. Nothing in this Section
8prevents the board from employing superintendents of schools,
9principals and other nonteaching personnel for a period of 12
10months, or in the case of superintendents for a period in
11accordance with Section 10-23.8, or prevents the board from
12employing other personnel before or after the regular school
13term with payment of salary proportionate to that received for
14comparable work during the school term.
15    A school board may make such changes in its calendar for
16the school term as may be required by any changes in the legal
17school holidays prescribed in Section 24-2. A school board may
18make changes in its calendar for the school term as may be
19necessary to reflect the utilization of teachers' institute
20days as parental institute days as provided in Section
22    The calendar for the school term and any changes must be
23submitted to and approved by the regional superintendent of
24schools before the calendar or changes may take effect.
25    With the prior approval of the State Board of Education and
26subject to review by the State Board of Education every 3



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1years, any school board may, by resolution of its board and in
2agreement with affected exclusive collective bargaining
3agents, establish experimental educational programs, including
4but not limited to programs for e-learning days as authorized
5under Section 10-20.56 of this Code, self-directed learning, or
6outside of formal class periods, which programs when so
7approved shall be considered to comply with the requirements of
8this Section as respects numbers of days of actual pupil
9attendance and with the other requirements of this Act as
10respects courses of instruction.
11(Source: P.A. 99-194, eff. 7-30-15; 100-465, eff. 8-31-17.)
12    (105 ILCS 5/10-19.05 new)
13    Sec. 10-19.05. Daily pupil attendance calculation.
14    (a) Except as otherwise provided in this Section, for a
15pupil of legal school age and in kindergarten or any of grades
161 through 12, a day of attendance shall be counted only for
17sessions of not less than 5 clock hours of school work per day
18under direct supervision of (i) teachers or (ii) non-teaching
19personnel or volunteer personnel when engaging in non-teaching
20duties and supervising in those instances specified in
21subsection (a) of Section 10-22.34 and paragraph 10 of Section
2234-18. Days of attendance by pupils through verified
23participation in an e-learning program adopted by a school
24board and verified by the regional office of education or
25intermediate service center for the school district under



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1Section 10-20.56 of this Code shall be considered as full days
2of attendance under this Section.
3    (b) A pupil regularly enrolled in a public school for only
4a part of the school day may be counted on the basis of
5one-sixth of a school day for every class hour of instruction
6of 40 minutes or more attended pursuant to such enrollment,
7unless a pupil is enrolled in a block-schedule format of 80
8minutes or more of instruction, in which case the pupil may be
9counted on the basis of the proportion of minutes of school
10work completed each day to the minimum number of minutes that
11school work is required to be held that day.
12    (c) A session of 4 or more clock hours may be counted as a
13day of attendance upon certification by the regional
14superintendent of schools and approval by the State
15Superintendent of Education to the extent that the district has
16been forced to use daily multiple sessions.
17    (d) A session of 3 or more clock hours may be counted as a
18day of attendance (1) when the remainder of the school day or
19at least 2 hours in the evening of that day is utilized for an
20in-service training program for teachers, up to a maximum of 10
21days per school year, provided that a district conducts an
22in-service training program for teachers in accordance with
23Section 10-22.39 of this Code, or, in lieu of 4 such days, 2
24full days may be used, in which event each such day may be
25counted as a day required for a legal school calendar pursuant
26to Section 10-19 of this Code; (2) when, of the 5 days allowed



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1under item (1), a maximum of 4 days are used for parent-teacher
2conferences, or, in lieu of 4 such days, 2 full days are used,
3in which case each such day may be counted as a calendar day
4required under Section 10-19 of this Code, provided that the
5full-day, parent-teacher conference consists of (i) a minimum
6of 5 clock hours of parent-teacher conferences, (ii) both a
7minimum of 2 clock hours of parent-teacher conferences held in
8the evening following a full day of student attendance and a
9minimum of 3 clock hours of parent-teacher conferences held on
10the day immediately following evening parent-teacher
11conferences, or (iii) multiple parent-teacher conferences held
12in the evenings following full days of student attendance in
13which the time used for the parent-teacher conferences is
14equivalent to a minimum of 5 clock hours; and (3) when days in
15addition to those provided in items (1) and (2) are scheduled
16by a school pursuant to its school improvement plan adopted
17under Article 34 or its revised or amended school improvement
18plan adopted under Article 2, provided that (i) such sessions
19of 3 or more clock hours are scheduled to occur at regular
20intervals, (ii) the remainder of the school days in which such
21sessions occur are utilized for in-service training programs or
22other staff development activities for teachers, and (iii) a
23sufficient number of minutes of school work under the direct
24supervision of teachers are added to the school days between
25such regularly scheduled sessions to accumulate not less than
26the number of minutes by which such sessions of 3 or more clock



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1hours fall short of 5 clock hours. Days scheduled for
2in-service training programs, staff development activities, or
3parent-teacher conferences may be scheduled separately for
4different grade levels and different attendance centers of the
6    (e) A session of not less than one clock hour of teaching
7hospitalized or homebound pupils on-site or by telephone to the
8classroom may be counted as a half day of attendance; however,
9these pupils must receive 4 or more clock hours of instruction
10to be counted for a full day of attendance.
11    (f) A session of at least 4 clock hours may be counted as a
12day of attendance for first grade pupils and pupils in full-day
13kindergartens, and a session of 2 or more hours may be counted
14as a half day of attendance by pupils in kindergartens that
15provide only half days of attendance.
16    (g) For children with disabilities who are below the age of
176 years and who cannot attend 2 or more clock hours because of
18their disability or immaturity, a session of not less than one
19clock hour may be counted as a half day of attendance; however,
20for such children whose educational needs require a session of
214 or more clock hours, a session of at least 4 clock hours may
22be counted as a full day of attendance.
23    (h) A recognized kindergarten that provides for only a half
24day of attendance by each pupil shall not have more than one
25half day of attendance counted in any one day. However,
26kindergartens may count 2 and a half days of attendance in any



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15 consecutive school days. When a pupil attends such a
2kindergarten for 2 half days on any one school day, the pupil
3shall have the following day as a day absent from school,
4unless the school district obtains permission in writing from
5the State Superintendent of Education. Attendance at
6kindergartens that provide for a full day of attendance by each
7pupil shall be counted the same as attendance by first grade
8pupils. Only the first year of attendance in one kindergarten
9shall be counted, except in the case of children who entered
10the kindergarten in their fifth year whose educational
11development requires a second year of kindergarten as
12determined under rules of the State Board of Education.
13    (i) On the days when the State's final accountability
14assessment is administered under subsection (c) of Section
152-3.64a-5 of this Code, the day of attendance for a pupil whose
16school day must be shortened to accommodate required testing
17procedures may be less than 5 clock hours and shall be counted
18toward the 176 days of actual pupil attendance required under
19Section 10-19 of this Code, provided that a sufficient number
20of minutes of school work in excess of 5 clock hours are first
21completed on other school days to compensate for the loss of
22school work on the examination days.
23    (j) Pupils enrolled in a remote educational program
24established under Section 10-29 of this Code may be counted on
25the basis of a one-fifth day of attendance for every clock hour
26of instruction attended in the remote educational program,



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1provided that, in any month, the school district may not claim
2for a student enrolled in a remote educational program more
3days of attendance than the maximum number of days of
4attendance the district can claim (i) for students enrolled in
5a building holding year-round classes if the student is
6classified as participating in the remote educational program
7on a year-round schedule or (ii) for students enrolled in a
8building not holding year-round classes if the student is not
9classified as participating in the remote educational program
10on a year-round schedule.
11    (k) Pupil participation in any of the following activities
12shall be counted toward the calculation of clock hours of
13school work per day:
14        (1) Instruction in a college course in which a student
15    is dually enrolled for both high school credit and college
16    credit.
17        (2) Participation in a Supervised Career Development
18    Experience, as defined in Section 10 of the Postsecondary
19    and Workforce Readiness Act, in which student
20    participation and learning outcomes are supervised by an
21    educator licensed under Article 21B.
22        (3) Participation in a youth apprenticeship, as
23    jointly defined in rules of the State Board of Education
24    and Department of Commerce and Economic Opportunity, in
25    which student participation and outcomes are supervised by
26    an educator licensed under Article 21B.



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1        (4) Participation in a blended learning program
2    approved by the school district in which course content,
3    student evaluation, and instructional methods are
4    supervised by an educator licensed under Article 21B.
5    (105 ILCS 5/10-20.56)
6    Sec. 10-20.56. E-learning days.
7    (a) The State Board of Education shall establish and
8maintain, for implementation in selected school districts, a
9program for use of electronic-learning (e-learning) days, as
10described in this Section. The State Superintendent of
11Education shall select up to 3 school districts for this
12program, at least one of which may be an elementary or unit
13school district. On or before June 1, 2019, the State Board
14shall report its recommendation for expansion, revision, or
15discontinuation of the program to the Governor and General
17    (b) The school board of a school district selected by the
18State Superintendent of Education under subsection (a) of this
19Section may, by resolution, adopt a research-based program or
20research-based programs for e-learning days district-wide that
21shall permit student instruction to be received electronically
22while students are not physically present in lieu of the
23district's scheduled emergency days as required by Section
2410-19 of this Code. The research-based program or programs may
25not exceed the minimum number of emergency days in the approved



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1school calendar and must be verified by the regional office of
2education or intermediate service center for the school
3district submitted to the State Superintendent for approval on
4or before September 1st annually to ensure access for all
5students. The regional office of education or intermediate
6service center State Superintendent shall approve programs
7that ensure that the specific needs of all students are met,
8including special education students and English learners, and
9that all mandates are still met using the proposed
10research-based program. The e-learning program may utilize the
11Internet, telephones, texts, chat rooms, or other similar means
12of electronic communication for instruction and interaction
13between teachers and students that meet the needs of all
14learners. The e-learning program shall address the school
15district's responsibility to ensure that all teachers and staff
16who may be involved in the provision of e-learning have access
17to any and all hardware and software that may be required for
18the program. If a proposed program does not address this
19responsibility, the school district must propose an alternate
21    (c) Before its adoption by a school board, the school board
22must hold a public hearing on a school district's initial
23proposal for an e-learning program or for renewal of such a
24program must be approved by the State Board of Education and
25shall follow a public hearing, at a regular or special meeting
26of the school board, in which the terms of the proposal must be



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1substantially presented and an opportunity for allowing public
2comments must be provided. Notice of such public hearing must
3be provided at least 10 days prior to the hearing by:
4        (1) publication in a newspaper of general circulation
5    in the school district;
6        (2) written or electronic notice designed to reach the
7    parents or guardians of all students enrolled in the school
8    district; and
9        (3) written or electronic notice designed to reach any
10    exclusive collective bargaining representatives of school
11    district employees and all those employees not in a
12    collective bargaining unit.
13    (d) The regional office of education or intermediate
14service center for the school district must timely verify that
15a A proposal for an e-learning program has met must be timely
16approved by the State Board of Education if the requirements
17specified in this Section and that have been met and if, in the
18view of the State Board of Education, the proposal contains
19provisions designed to reasonably and practicably accomplish
20the following:
21        (1) to ensure and verify at least 5 clock hours of
22    instruction or school work, as required under Section
23    10-19.05, for each student participating in an e-learning
24    day;
25        (2) to ensure access from home or other appropriate
26    remote facility for all students participating, including



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1    computers, the Internet, and other forms of electronic
2    communication that must be utilized in the proposed
3    program;
4        (2.5) to ensure that non-electronic materials are made
5    available to students participating in the program who do
6    not have access to the required technology or to
7    participating teachers or students who are prevented from
8    accessing the required technology;
9        (3) to ensure appropriate learning opportunities for
10    students with special needs;
11        (4) to monitor and verify each student's electronic
12    participation;
13        (5) to address the extent to which student
14    participation is within the student's control as to the
15    time, pace, and means of learning;
16        (6) to provide effective notice to students and their
17    parents or guardians of the use of particular days for
18    e-learning;
19        (7) to provide staff and students with adequate
20    training for e-learning days' participation;
21        (8) to ensure an opportunity for any collective
22    bargaining negotiations with representatives of the school
23    district's employees that would be legally required,
24    including all classifications of school district employees
25    who are represented by collective bargaining agreements
26    and who would be affected in the event of an e-learning



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1    day; and
2        (9) to review and revise the program as implemented to
3    address difficulties confronted; and .
4        (10) to ensure that the protocol regarding general
5    expectations and responsibilities of the program is
6    communicated to teachers, staff, and students at least 30
7    days prior to utilizing an e-learning day.
8    The school board's State Board of Education's approval of a
9school district's initial e-learning program and renewal of the
10e-learning program shall be for a term of 3 years.
11    (e) The State Board of Education may adopt rules governing
12its supervision and review of e-learning programs consistent
13with the provision of this Section. However, in the absence of
14such rules, school districts may submit proposals for State
15Board of Education consideration under the authority of this
17(Source: P.A. 99-194, eff. 7-30-15; 99-642, eff. 7-28-16;
18100-760, eff. 8-10-18.)
19    (105 ILCS 5/13B-45)
20    Sec. 13B-45. Days and hours of attendance. An alternative
21learning opportunities program shall provide students with at
22least the minimum number of days of pupil attendance required
23under Section 10-19 of this Code and the minimum number of
24daily hours of school work required under Section 10-19.05
2518-8.05 or 18-8.15 of this Code, provided that the State Board



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1may approve exceptions to these requirements if the program
2meets all of the following conditions:
3        (1) The district plan submitted under Section
4    13B-25.15 of this Code establishes that a program providing
5    the required minimum number of days of attendance or daily
6    hours of school work would not serve the needs of the
7    program's students.
8        (2) Each day of attendance shall provide no fewer than
9    3 clock hours of school work, as defined under paragraph
10    (1) of subsection (F) of Section 10-19.05 18-8.05 of this
11    Code.
12        (3) Each day of attendance that provides fewer than 5
13    clock hours of school work shall also provide supplementary
14    services, including without limitation work-based
15    learning, student assistance programs, counseling, case
16    management, health and fitness programs, or life-skills or
17    conflict resolution training, in order to provide a total
18    daily program to the student of 5 clock hours. A program
19    may claim general State aid or evidence-based funding for
20    up to 2 hours of the time each day that a student is
21    receiving supplementary services.
22        (4) Each program shall provide no fewer than 174 days
23    of actual pupil attendance during the school term; however,
24    approved evening programs that meet the requirements of
25    Section 13B-45 of this Code may offer less than 174 days of
26    actual pupil attendance during the school term.



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1(Source: P.A. 100-465, eff. 8-31-17.)
2    (105 ILCS 5/13B-50.5)
3    Sec. 13B-50.5. Conditions of funding. If an alternative
4learning opportunities program provides less than the daily 5
5clock hours of school work required under Section 10-19.05
6daily, the program must meet guidelines established by the
7State Board and must provide supplementary services, including
8without limitation work-based learning, student assistance
9programs, counseling, case management, health and fitness
10programs, life skills, conflict resolution, or service
11learning, that are equal to the required attendance.
12(Source: P.A. 92-42, eff. 1-1-02.)
13    (105 ILCS 5/29-6.3)
14    Sec. 29-6.3. Transportation to and from specified
15interscholastic or school-sponsored activities.
16    (a) Any school district transporting students in grade 12
17or below for an interscholastic, interscholastic athletic, or
18school-sponsored, noncurriculum-related activity that (i) does
19not require student participation as part of the educational
20services of the district and (ii) is not associated with the
21students' regular class-for-credit schedule or required 5
22clock hours of instruction under Section 10-19.05 shall
23transport the students only in a school bus, a vehicle
24manufactured to transport not more than 10 persons, including



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1the driver, or a multifunction school-activity bus
2manufactured to transport not more than 15 persons, including
3the driver.
4    (a-5) A student in any of grades 9 through 12 may be
5transported in a multi-function school activity bus (MFSAB) as
6defined in Section 1-148.3a-5 of the Illinois Vehicle Code for
7any curriculum-related activity except for transportation on
8regular bus routes from home to school or from school to home,
9subject to the following conditions:
10        (i) A MFSAB may not be used to transport students under
11    this Section unless the driver holds a valid school bus
12    driver permit.
13        (ii) The use of a MFSAB under this Section is subject
14    to the requirements of Sections 6-106.11, 6-106.12,
15    12-707.01, 13-101, and 13-109 of the Illinois Vehicle Code.
16    (b) Any school district furnishing transportation for
17students under the authority of this Section shall insure
18against any loss or liability of the district resulting from
19the maintenance, operation, or use of the vehicle.
20    (c) Vehicles used to transport students under this Section
21may claim a depreciation allowance of 20% over 5 years as
22provided in Section 29-5 of this Code.
23(Source: P.A. 96-410, eff. 7-1-10; 97-896, eff. 8-3-12.)
24    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
25    Sec. 34-18. Powers of the board. The board shall exercise



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



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1    Section 18-8, 18-8.05, or 18-8.15. To admit to such schools
2    without charge foreign exchange students who are
3    participants in an organized exchange student program
4    which is authorized by the board. The board shall permit
5    all students to enroll in apprenticeship programs in trade
6    schools operated by the board, whether those programs are
7    union-sponsored or not. No student shall be refused
8    admission into or be excluded from any course of
9    instruction offered in the common schools by reason of that
10    student's sex. No student shall be denied equal access to
11    physical education and interscholastic athletic programs
12    supported from school district funds or denied
13    participation in comparable physical education and
14    athletic programs solely by reason of the student's sex.
15    Equal access to programs supported from school district
16    funds and comparable programs will be defined in rules
17    promulgated by the State Board of Education in consultation
18    with the Illinois High School Association. Notwithstanding
19    any other provision of this Article, neither the board of
20    education nor any local school council or other school
21    official shall recommend that children with disabilities
22    be placed into regular education classrooms unless those
23    children with disabilities are provided with supplementary
24    services to assist them so that they benefit from the
25    regular classroom instruction and are included on the
26    teacher's regular education class register;



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1        2. To furnish lunches to pupils, to make a reasonable
2    charge therefor, and to use school funds for the payment of
3    such expenses as the board may determine are necessary in
4    conducting the school lunch program;
5        3. To co-operate with the circuit court;
6        4. To make arrangements with the public or quasi-public
7    libraries and museums for the use of their facilities by
8    teachers and pupils of the public schools;
9        5. To employ dentists and prescribe their duties for
10    the purpose of treating the pupils in the schools, but
11    accepting such treatment shall be optional with parents or
12    guardians;
13        6. To grant the use of assembly halls and classrooms
14    when not otherwise needed, including light, heat, and
15    attendants, for free public lectures, concerts, and other
16    educational and social interests, free of charge, under
17    such provisions and control as the principal of the
18    affected attendance center may prescribe;
19        7. To apportion the pupils to the several schools;
20    provided that no pupil shall be excluded from or segregated
21    in any such school on account of his color, race, sex, or
22    nationality. The board shall take into consideration the
23    prevention of segregation and the elimination of
24    separation of children in public schools because of color,
25    race, sex, or nationality. Except that children may be
26    committed to or attend parental and social adjustment



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1    schools established and maintained either for boys or girls
2    only. All records pertaining to the creation, alteration or
3    revision of attendance areas shall be open to the public.
4    Nothing herein shall limit the board's authority to
5    establish multi-area attendance centers or other student
6    assignment systems for desegregation purposes or
7    otherwise, and to apportion the pupils to the several
8    schools. Furthermore, beginning in school year 1994-95,
9    pursuant to a board plan adopted by October 1, 1993, the
10    board shall offer, commencing on a phased-in basis, the
11    opportunity for families within the school district to
12    apply for enrollment of their children in any attendance
13    center within the school district which does not have
14    selective admission requirements approved by the board.
15    The appropriate geographical area in which such open
16    enrollment may be exercised shall be determined by the
17    board of education. Such children may be admitted to any
18    such attendance center on a space available basis after all
19    children residing within such attendance center's area
20    have been accommodated. If the number of applicants from
21    outside the attendance area exceed the space available,
22    then successful applicants shall be selected by lottery.
23    The board of education's open enrollment plan must include
24    provisions that allow low income students to have access to
25    transportation needed to exercise school choice. Open
26    enrollment shall be in compliance with the provisions of



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1    the Consent Decree and Desegregation Plan cited in Section
2    34-1.01;
3        8. To approve programs and policies for providing
4    transportation services to students. Nothing herein shall
5    be construed to permit or empower the State Board of
6    Education to order, mandate, or require busing or other
7    transportation of pupils for the purpose of achieving
8    racial balance in any school;
9        9. Subject to the limitations in this Article, to
10    establish and approve system-wide curriculum objectives
11    and standards, including graduation standards, which
12    reflect the multi-cultural diversity in the city and are
13    consistent with State law, provided that for all purposes
14    of this Article courses or proficiency in American Sign
15    Language shall be deemed to constitute courses or
16    proficiency in a foreign language; and to employ principals
17    and teachers, appointed as provided in this Article, and
18    fix their compensation. The board shall prepare such
19    reports related to minimal competency testing as may be
20    requested by the State Board of Education, and in addition
21    shall monitor and approve special education and bilingual
22    education programs and policies within the district to
23    assure that appropriate services are provided in
24    accordance with applicable State and federal laws to
25    children requiring services and education in those areas;
26        10. To employ non-teaching personnel or utilize



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1    volunteer personnel for: (i) non-teaching duties not
2    requiring instructional judgment or evaluation of pupils,
3    including library duties; and (ii) supervising study
4    halls, long distance teaching reception areas used
5    incident to instructional programs transmitted by
6    electronic media such as computers, video, and audio,
7    detention and discipline areas, and school-sponsored
8    extracurricular activities. The board may further utilize
9    volunteer non-certificated personnel or employ
10    non-certificated personnel to assist in the instruction of
11    pupils under the immediate supervision of a teacher holding
12    a valid certificate, directly engaged in teaching subject
13    matter or conducting activities; provided that the teacher
14    shall be continuously aware of the non-certificated
15    persons' activities and shall be able to control or modify
16    them. The general superintendent shall determine
17    qualifications of such personnel and shall prescribe rules
18    for determining the duties and activities to be assigned to
19    such personnel;
20        10.5. To utilize volunteer personnel from a regional
21    School Crisis Assistance Team (S.C.A.T.), created as part
22    of the Safe to Learn Program established pursuant to
23    Section 25 of the Illinois Violence Prevention Act of 1995,
24    to provide assistance to schools in times of violence or
25    other traumatic incidents within a school community by
26    providing crisis intervention services to lessen the



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1    effects of emotional trauma on individuals and the
2    community; the School Crisis Assistance Team Steering
3    Committee shall determine the qualifications for
4    volunteers;
5        11. To provide television studio facilities in not to
6    exceed one school building and to provide programs for
7    educational purposes, provided, however, that the board
8    shall not construct, acquire, operate, or maintain a
9    television transmitter; to grant the use of its studio
10    facilities to a licensed television station located in the
11    school district; and to maintain and operate not to exceed
12    one school radio transmitting station and provide programs
13    for educational purposes;
14        12. To offer, if deemed appropriate, outdoor education
15    courses, including field trips within the State of
16    Illinois, or adjacent states, and to use school educational
17    funds for the expense of the said outdoor educational
18    programs, whether within the school district or not;
19        13. During that period of the calendar year not
20    embraced within the regular school term, to provide and
21    conduct courses in subject matters normally embraced in the
22    program of the schools during the regular school term and
23    to give regular school credit for satisfactory completion
24    by the student of such courses as may be approved for
25    credit by the State Board of Education;
26        14. To insure against any loss or liability of the



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1    board, the former School Board Nominating Commission,
2    Local School Councils, the Chicago Schools Academic
3    Accountability Council, or the former Subdistrict Councils
4    or of any member, officer, agent or employee thereof,
5    resulting from alleged violations of civil rights arising
6    from incidents occurring on or after September 5, 1967 or
7    from the wrongful or negligent act or omission of any such
8    person whether occurring within or without the school
9    premises, provided the officer, agent or employee was, at
10    the time of the alleged violation of civil rights or
11    wrongful act or omission, acting within the scope of his
12    employment or under direction of the board, the former
13    School Board Nominating Commission, the Chicago Schools
14    Academic Accountability Council, Local School Councils, or
15    the former Subdistrict Councils; and to provide for or
16    participate in insurance plans for its officers and
17    employees, including but not limited to retirement
18    annuities, medical, surgical and hospitalization benefits
19    in such types and amounts as may be determined by the
20    board; provided, however, that the board shall contract for
21    such insurance only with an insurance company authorized to
22    do business in this State. Such insurance may include
23    provision for employees who rely on treatment by prayer or
24    spiritual means alone for healing, in accordance with the
25    tenets and practice of a recognized religious
26    denomination;



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1        15. To contract with the corporate authorities of any
2    municipality or the county board of any county, as the case
3    may be, to provide for the regulation of traffic in parking
4    areas of property used for school purposes, in such manner
5    as is provided by Section 11-209 of The Illinois Vehicle
6    Code, approved September 29, 1969, as amended;
7        16. (a) To provide, on an equal basis, access to a high
8    school campus and student directory information to the
9    official recruiting representatives of the armed forces of
10    Illinois and the United States for the purposes of
11    informing students of the educational and career
12    opportunities available in the military if the board has
13    provided such access to persons or groups whose purpose is
14    to acquaint students with educational or occupational
15    opportunities available to them. The board is not required
16    to give greater notice regarding the right of access to
17    recruiting representatives than is given to other persons
18    and groups. In this paragraph 16, "directory information"
19    means a high school student's name, address, and telephone
20    number.
21        (b) If a student or his or her parent or guardian
22    submits a signed, written request to the high school before
23    the end of the student's sophomore year (or if the student
24    is a transfer student, by another time set by the high
25    school) that indicates that the student or his or her
26    parent or guardian does not want the student's directory



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1    information to be provided to official recruiting
2    representatives under subsection (a) of this Section, the
3    high school may not provide access to the student's
4    directory information to these recruiting representatives.
5    The high school shall notify its students and their parents
6    or guardians of the provisions of this subsection (b).
7        (c) A high school may require official recruiting
8    representatives of the armed forces of Illinois and the
9    United States to pay a fee for copying and mailing a
10    student's directory information in an amount that is not
11    more than the actual costs incurred by the high school.
12        (d) Information received by an official recruiting
13    representative under this Section may be used only to
14    provide information to students concerning educational and
15    career opportunities available in the military and may not
16    be released to a person who is not involved in recruiting
17    students for the armed forces of Illinois or the United
18    States;
19        17. (a) To sell or market any computer program
20    developed by an employee of the school district, provided
21    that such employee developed the computer program as a
22    direct result of his or her duties with the school district
23    or through the utilization of the school district resources
24    or facilities. The employee who developed the computer
25    program shall be entitled to share in the proceeds of such
26    sale or marketing of the computer program. The distribution



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1    of such proceeds between the employee and the school
2    district shall be as agreed upon by the employee and the
3    school district, except that neither the employee nor the
4    school district may receive more than 90% of such proceeds.
5    The negotiation for an employee who is represented by an
6    exclusive bargaining representative may be conducted by
7    such bargaining representative at the employee's request.
8        (b) For the purpose of this paragraph 17:
9            (1) "Computer" means an internally programmed,
10        general purpose digital device capable of
11        automatically accepting data, processing data and
12        supplying the results of the operation.
13            (2) "Computer program" means a series of coded
14        instructions or statements in a form acceptable to a
15        computer, which causes the computer to process data in
16        order to achieve a certain result.
17            (3) "Proceeds" means profits derived from
18        marketing or sale of a product after deducting the
19        expenses of developing and marketing such product;
20        18. To delegate to the general superintendent of
21    schools, by resolution, the authority to approve contracts
22    and expenditures in amounts of $10,000 or less;
23        19. Upon the written request of an employee, to
24    withhold from the compensation of that employee any dues,
25    payments or contributions payable by such employee to any
26    labor organization as defined in the Illinois Educational



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1    Labor Relations Act. Under such arrangement, an amount
2    shall be withheld from each regular payroll period which is
3    equal to the pro rata share of the annual dues plus any
4    payments or contributions, and the board shall transmit
5    such withholdings to the specified labor organization
6    within 10 working days from the time of the withholding;
7        19a. Upon receipt of notice from the comptroller of a
8    municipality with a population of 500,000 or more, a county
9    with a population of 3,000,000 or more, the Cook County
10    Forest Preserve District, the Chicago Park District, the
11    Metropolitan Water Reclamation District, the Chicago
12    Transit Authority, or a housing authority of a municipality
13    with a population of 500,000 or more that a debt is due and
14    owing the municipality, the county, the Cook County Forest
15    Preserve District, the Chicago Park District, the
16    Metropolitan Water Reclamation District, the Chicago
17    Transit Authority, or the housing authority by an employee
18    of the Chicago Board of Education, to withhold, from the
19    compensation of that employee, the amount of the debt that
20    is due and owing and pay the amount withheld to the
21    municipality, the county, the Cook County Forest Preserve
22    District, the Chicago Park District, the Metropolitan
23    Water Reclamation District, the Chicago Transit Authority,
24    or the housing authority; provided, however, that the
25    amount deducted from any one salary or wage payment shall
26    not exceed 25% of the net amount of the payment. Before the



SB0028 Enrolled- 35 -LRB101 02854 AXK 47862 b

1    Board deducts any amount from any salary or wage of an
2    employee under this paragraph, the municipality, the
3    county, the Cook County Forest Preserve District, the
4    Chicago Park District, the Metropolitan Water Reclamation
5    District, the Chicago Transit Authority, or the housing
6    authority shall certify that (i) the employee has been
7    afforded an opportunity for a hearing to dispute the debt
8    that is due and owing the municipality, the county, the
9    Cook County Forest Preserve District, the Chicago Park
10    District, the Metropolitan Water Reclamation District, the
11    Chicago Transit Authority, or the housing authority and
12    (ii) the employee has received notice of a wage deduction
13    order and has been afforded an opportunity for a hearing to
14    object to the order. For purposes of this paragraph, "net
15    amount" means that part of the salary or wage payment
16    remaining after the deduction of any amounts required by
17    law to be deducted and "debt due and owing" means (i) a
18    specified sum of money owed to the municipality, the
19    county, the Cook County Forest Preserve District, the
20    Chicago Park District, the Metropolitan Water Reclamation
21    District, the Chicago Transit Authority, or the housing
22    authority for services, work, or goods, after the period
23    granted for payment has expired, or (ii) a specified sum of
24    money owed to the municipality, the county, the Cook County
25    Forest Preserve District, the Chicago Park District, the
26    Metropolitan Water Reclamation District, the Chicago



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1    Transit Authority, or the housing authority pursuant to a
2    court order or order of an administrative hearing officer
3    after the exhaustion of, or the failure to exhaust,
4    judicial review;
5        20. The board is encouraged to employ a sufficient
6    number of certified school counselors to maintain a
7    student/counselor ratio of 250 to 1 by July 1, 1990. Each
8    counselor shall spend at least 75% of his work time in
9    direct contact with students and shall maintain a record of
10    such time;
11        21. To make available to students vocational and career
12    counseling and to establish 5 special career counseling
13    days for students and parents. On these days
14    representatives of local businesses and industries shall
15    be invited to the school campus and shall inform students
16    of career opportunities available to them in the various
17    businesses and industries. Special consideration shall be
18    given to counseling minority students as to career
19    opportunities available to them in various fields. For the
20    purposes of this paragraph, minority student means a person
21    who is any of the following:
22        (a) American Indian or Alaska Native (a person having
23    origins in any of the original peoples of North and South
24    America, including Central America, and who maintains
25    tribal affiliation or community attachment).
26        (b) Asian (a person having origins in any of the



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1    original peoples of the Far East, Southeast Asia, or the
2    Indian subcontinent, including, but not limited to,
3    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
4    the Philippine Islands, Thailand, and Vietnam).
5        (c) Black or African American (a person having origins
6    in any of the black racial groups of Africa). Terms such as
7    "Haitian" or "Negro" can be used in addition to "Black or
8    African American".
9        (d) Hispanic or Latino (a person of Cuban, Mexican,
10    Puerto Rican, South or Central American, or other Spanish
11    culture or origin, regardless of race).
12        (e) Native Hawaiian or Other Pacific Islander (a person
13    having origins in any of the original peoples of Hawaii,
14    Guam, Samoa, or other Pacific Islands).
15        Counseling days shall not be in lieu of regular school
16    days;
17        22. To report to the State Board of Education the
18    annual student dropout rate and number of students who
19    graduate from, transfer from or otherwise leave bilingual
20    programs;
21        23. Except as otherwise provided in the Abused and
22    Neglected Child Reporting Act or other applicable State or
23    federal law, to permit school officials to withhold, from
24    any person, information on the whereabouts of any child
25    removed from school premises when the child has been taken
26    into protective custody as a victim of suspected child



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



SB0028 Enrolled- 39 -LRB101 02854 AXK 47862 b

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



SB0028 Enrolled- 40 -LRB101 02854 AXK 47862 b

1    ratings or evaluations, and any other factors relating to
2    an employee's job performance;
3        32. To develop a policy to prevent nepotism in the
4    hiring of personnel or the selection of contractors;
5        33. (Blank); and
6        34. To establish a Labor Management Council to the
7    board comprised of representatives of the board, the chief
8    executive officer, and those labor organizations that are
9    the exclusive representatives of employees of the board and
10    to promulgate policies and procedures for the operation of
11    the Council.
12    The specifications of the powers herein granted are not to
13be construed as exclusive but the board shall also exercise all
14other powers that they may be requisite or proper for the
15maintenance and the development of a public school system, not
16inconsistent with the other provisions of this Article or
17provisions of this Code which apply to all school districts.
18    In addition to the powers herein granted and authorized to
19be exercised by the board, it shall be the duty of the board to
20review or to direct independent reviews of special education
21expenditures and services. The board shall file a report of
22such review with the General Assembly on or before May 1, 1990.
23(Source: P.A. 99-143, eff. 7-27-15; 100-465, eff. 8-31-17;
24100-1046, eff. 8-23-18.)
25    Section 10. The Vocational Academies Act is amended by



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1changing Section 10 as follows:
2    (105 ILCS 433/10)
3    Sec. 10. Establishment. A school district, in partnership
4with community colleges, local employers, and community-based
5organizations, may establish a vocational academy that is
6eligible for a grant under this Act if the vocational academy
7meets all of the following requirements:
8        (1) The vocational academy must have a minimum
9    5-clock-hour day, as required under Section 10-19.05 of the
10    School Code, and be under the direct supervision of
11    teachers.
12        (2) The vocational academy must be a 2-year school
13    within a school program for grades 10 through 12 that is
14    organized around a career theme and operated as a
15    business-education partnership.
16        (3) The vocational academy must be a career-oriented
17    program that uses the direct involvement of local employers
18    to provide students with an education and the skills needed
19    for employment.
20        (4) The vocational academy must be a standards-based
21    educational program that prepares students both
22    academically and technically for entrance into
23    postsecondary education or careers in a selected field.
24        (5) The curriculum of the vocational academy must be
25    based on the Illinois Learning Standards, and work-site



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1    training must provide students with learning experiences
2    for entry-level employment in the local job market and
3    lifelong learning skills for higher education.
4(Source: P.A. 94-220, eff. 7-14-05.)
5    Section 99. Effective date. This Act takes effect July 1,