Full Text of HB5588 100th General Assembly
HB5588enr 100TH GENERAL ASSEMBLY |
| | HB5588 Enrolled | | LRB100 20323 AXK 35610 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 1. Legislative intent. It is the intent of the | 5 | | General Assembly that State assessments be rooted in classroom | 6 | | content and best practices and be used as an opportunity to | 7 | | demonstrate learning and feedback. It is also the intent of the | 8 | | General Assembly that assessments used for accountability | 9 | | should support learning opportunities that inform instruction. | 10 | | Section 5. The School Code is amended by changing Sections | 11 | | 2-3.25a, 2-3.25n, 2-3.52A, 2-3.61a, 2-3.64a-5, 2-3.136, | 12 | | 2-3.153, 10-21.3a, 10-29, 34-1.1, 34-3.5, 34-18, and 34-18.24 | 13 | | as follows:
| 14 | | (105 ILCS 5/2-3.25a) (from Ch. 122, par. 2-3.25a)
| 15 | | Sec. 2-3.25a. "School district" defined; additional | 16 | | standards.
| 17 | | (a) For the purposes of State accountability in this | 18 | | Section and Sections 3.25b, 3.25c,
3.25d, 3.25e, and 3.25f of | 19 | | this Code, "school district" includes other
public entities | 20 | | responsible for administering public schools, such as
| 21 | | cooperatives, joint agreements, charter schools, special | 22 | | charter districts,
regional offices of
education, local |
| | | HB5588 Enrolled | - 2 - | LRB100 20323 AXK 35610 b |
|
| 1 | | agencies, and the Department of Human Services.
| 2 | | (b) In addition to the standards
established pursuant to | 3 | | Section 2-3.25, the State Board of Education shall
develop | 4 | | recognition standards for student performance and school
| 5 | | improvement for all
school districts and their individual | 6 | | schools , which must be an outcomes-based, balanced | 7 | | accountability measure . The State Board of Education is | 8 | | prohibited from having separate performance standards for | 9 | | students based on race or ethnicity.
| 10 | | The accountability measure shall be outlined in the State | 11 | | Plan that the State Board of Education submits to the federal | 12 | | Department of Education pursuant to the federal Every Student | 13 | | Succeeds Act. If the federal Every Student Succeeds Act ceases | 14 | | to require a State Plan, the State Board of Education shall | 15 | | develop a written plan in consultation with the Balanced | 16 | | Accountability Committee created under subsection (b-5) of | 17 | | this Section. | 18 | | Subject to the availability of federal, State, public, or | 19 | | private funds, the balanced accountability measure must be | 20 | | designed to focus on 2 components, student performance and | 21 | | professional practice. The student performance component shall | 22 | | count for 30% of the total balanced accountability measure, and | 23 | | the professional practice component shall count for 70% of the | 24 | | total balanced accountability measure. The student performance | 25 | | component shall focus on student outcomes and closing the | 26 | | achievement gaps within each school district and its individual |
| | | HB5588 Enrolled | - 3 - | LRB100 20323 AXK 35610 b |
|
| 1 | | schools using a Multiple Measure Index and Annual Measurable | 2 | | Objectives, as set forth in Section 2-3.25d of this Code. The | 3 | | professional practice component shall focus on the degree to | 4 | | which a school district, as well as its individual schools, is | 5 | | implementing evidence-based, best professional practices and | 6 | | exhibiting continued improvement. Beginning with the 2015-2016 | 7 | | school year, the balanced accountability measure shall consist | 8 | | of only the student performance component, which shall account | 9 | | for 100% of the total balanced accountability measure. From the | 10 | | 2017-2018 school year through the 2022-2023 school year, the | 11 | | State Board of Education and a Balanced Accountability Measure | 12 | | Committee shall identify a number of school districts per the | 13 | | designated school years to begin implementing the balanced | 14 | | accountability measure, which includes both the student | 15 | | performance and professional practice components. By the | 16 | | 2022-2023 school year, all school districts must be | 17 | | implementing the balanced accountability measure, which | 18 | | includes both components. | 19 | | (b-5) The Balanced Accountability Measure Committee is | 20 | | created and shall consist of the following individuals: a | 21 | | representative of a statewide association representing | 22 | | regional superintendents of schools, a representative of a | 23 | | statewide association representing principals, a | 24 | | representative of an association representing principals in a | 25 | | city having a population exceeding 500,000, a representative of | 26 | | a statewide association representing school administrators, a |
| | | HB5588 Enrolled | - 4 - | LRB100 20323 AXK 35610 b |
|
| 1 | | representative of a statewide professional teachers' | 2 | | organization, a representative of a different statewide | 3 | | professional teachers' organization, an additional | 4 | | representative from either statewide professional teachers' | 5 | | organization, a representative of a professional teachers' | 6 | | organization in a city having a population exceeding 500,000, a | 7 | | representative of a statewide association representing school | 8 | | boards, and a representative of a school district organized | 9 | | under Article 34 of this Code. The head of each association or | 10 | | entity listed in this paragraph shall appoint its respective | 11 | | representative. The State Superintendent of Education, in | 12 | | consultation with the Committee, may appoint no more than 2 | 13 | | additional individuals to the Committee, which individuals | 14 | | shall serve in an advisory role and must not have voting or | 15 | | other decision-making rights. The Committee is abolished on | 16 | | June 1, 2023. | 17 | | The Balanced Accountability Measure Committee shall meet | 18 | | no less than 4 times per year to discuss the accountability | 19 | | standards set forth in the State Plan pursuant to the federal | 20 | | Every Student Succeeds Act and to provide stakeholder feedback | 21 | | and recommendations to the State Board of Education with regard | 22 | | to the State Plan, which the State Board shall take into | 23 | | consideration. Upon completion of the 2019-2020 school year, | 24 | | the Balanced Accountability Measure Committee shall assess the | 25 | | implementation of the State Plan and, if necessary, make | 26 | | recommendations to the State Board for any changes. The |
| | | HB5588 Enrolled | - 5 - | LRB100 20323 AXK 35610 b |
|
| 1 | | Committee shall consider accountability recommendations made | 2 | | by the Illinois P-20 Council established under Section 22-45 of | 3 | | this Code, the Illinois Early Learning Council created under | 4 | | the Illinois Early Learning Council Act, and any other | 5 | | stakeholder group established by the State Board in relation to | 6 | | the federal Every Student Succeeds Act. The State Board shall | 7 | | provide to the Committee an annual report with data and other | 8 | | information collected from entities identified by the State | 9 | | Board as learning partners, including, but not limited to, data | 10 | | and information on the learning partners' effectiveness, | 11 | | geographic distribution, and cost to serve as part of a | 12 | | comprehensive statewide system of support. | 13 | | Using a Multiple Measure Index consistent with subsection | 14 | | (a) of Section 2-3.25d of this Code, the student performance | 15 | | component shall consist of the following subcategories, each of | 16 | | which must be valued at 10%: | 17 | | (1) achievement status; | 18 | | (2) achievement growth; and | 19 | | (3) Annual Measurable Objectives, as set forth in | 20 | | subsection (b) of Section 2-3.25d of this Code. | 21 | | Achievement status shall measure and assess college and career | 22 | | readiness, as well as the graduation rate. Achievement growth | 23 | | shall measure the school district's and its individual schools' | 24 | | student growth via this State's growth value tables. Annual | 25 | | Measurable Objectives shall measure the degree to which school | 26 | | districts, as well as their individual schools, are closing |
| | | HB5588 Enrolled | - 6 - | LRB100 20323 AXK 35610 b |
|
| 1 | | their achievement gaps among their student population and | 2 | | subgroups. | 3 | | The professional practice component shall consist of the | 4 | | following subcategories: | 5 | | (A) compliance; | 6 | | (B) evidence-based best practices; and | 7 | | (C) contextual improvement. | 8 | | Compliance, which shall count for 10%, shall measure the degree | 9 | | to which a school district and its individual schools meet the | 10 | | current State compliance requirements. Evidence-based best | 11 | | practices, which shall count for 30%, shall measure the degree | 12 | | to which school districts and their individual schools are | 13 | | adhering to a set of evidence-based quality standards and best | 14 | | practice for effective schools that include (i) continuous | 15 | | improvement, (ii) culture and climate, (iii) shared | 16 | | leadership, (iv) governance, (v) education and employee | 17 | | quality, (vi) family and community connections, and (vii) | 18 | | student and learning development and are further developed in | 19 | | consultation with the State Board of Education and the Balanced | 20 | | Accountability Measure Committee set forth in this subsection | 21 | | (b). Contextual improvement, which shall count for 30%, shall | 22 | | provide school districts and their individual schools the | 23 | | opportunity to demonstrate improved outcomes through local | 24 | | data, including without limitation school climate, unique | 25 | | characteristics, and barriers that impact the educational | 26 | | environment and hinder the development and implementation of |
| | | HB5588 Enrolled | - 7 - | LRB100 20323 AXK 35610 b |
|
| 1 | | action plans to address areas of school district and individual | 2 | | school improvement. Each school district, in good faith | 3 | | cooperation with its teachers or, where applicable, the | 4 | | exclusive bargaining representatives of its teachers, shall | 5 | | develop 2 measurable objectives to demonstrate contextual | 6 | | improvement, each of which must be equally weighted. Each | 7 | | school district shall begin such good faith cooperative | 8 | | development of these objectives no later than 6 months prior to | 9 | | the beginning of the school year in which the school district | 10 | | is to implement the professional practice component of the | 11 | | balanced accountability measure. The professional practice | 12 | | component must be scored using trained peer review teams that | 13 | | observe and verify school district practices using an | 14 | | evidence-based framework. | 15 | | The balanced accountability measure shall combine the | 16 | | student performance and professional practice components into | 17 | | one summative score based on 100 points at the school district | 18 | | and individual-school level. A school district shall be | 19 | | designated as "Exceeds Standards - Exemplar" if the overall | 20 | | score is 100 to 90, "Meets Standards - Proficient" if the | 21 | | overall score is 89 to 75, "Approaching Standards - Needs | 22 | | Improvement" if the overall score is 74 to 60, and "Below | 23 | | Standards - Unsatisfactory" if the overall score is 59 to 0. | 24 | | The balanced accountability measure shall also detail both | 25 | | incentives that reward school districts for continued improved | 26 | | performance, as provided in Section 2-3.25c of this Code, and |
| | | HB5588 Enrolled | - 8 - | LRB100 20323 AXK 35610 b |
|
| 1 | | consequences for school districts that fail to provide evidence | 2 | | of continued improved performance, which may include | 3 | | presentation of a barrier analysis, additional school board and | 4 | | administrator training, or additional State assistance. Based | 5 | | on its summative score, a school district may be exempt from | 6 | | the balanced accountability measure for one or more school | 7 | | years. The State Board of Education, in collaboration with the | 8 | | Balanced Accountability Measure Committee set forth in this | 9 | | subsection (b-5) (b) , shall adopt rules that further | 10 | | implementation in accordance with the requirements of this | 11 | | Section. | 12 | | (Source: P.A. 99-84, eff. 1-1-16; 99-193, eff. 7-30-15; 99-642, | 13 | | eff. 7-28-16; 99-657, eff. 7-28-16.)
| 14 | | (105 ILCS 5/2-3.25n)
| 15 | | Sec. 2-3.25n. Every Student Succeeds No Child Left Behind | 16 | | Act; requirements and construction.
| 17 | | (a) The changes in the State accountability system made by | 18 | | this
amendatory Act of the 93rd General Assembly are a direct | 19 | | result of the federal Every Student Succeeds Act
No
Child Left | 20 | | Behind Act of 2001 (Public Law 107-110), which requires that | 21 | | each
state develop and implement a single, statewide | 22 | | accountability system
applicable
to all schools and school | 23 | | districts.
| 24 | | (b) As provided in the federal Every Student Succeeds Act | 25 | | No Child Left Behind Act of 2001 (Public
Law 107-110) , nothing |
| | | HB5588 Enrolled | - 9 - | LRB100 20323 AXK 35610 b |
|
| 1 | | in this amendatory Act of the 93rd General Assembly shall
be | 2 | | construed to alter or otherwise affect the rights, remedies, | 3 | | and procedures
afforded school district or school employees | 4 | | under federal, State, or local law
(including applicable rules, | 5 | | regulations, or court orders) or under the terms
of
collective | 6 | | bargaining agreements, memoranda of understanding, or other
| 7 | | agreements between such employees and their employers. | 8 | | (c) The State Board of Education may identify a school | 9 | | district as eligible for targeted and comprehensive services | 10 | | under the federal Every Student Succeeds Act.
| 11 | | (Source: P.A. 93-470, eff. 8-8-03.)
| 12 | | (105 ILCS 5/2-3.52A) (from Ch. 122, par. 2-3.52A)
| 13 | | Sec. 2-3.52A. Pilot programs. The To improve the quality of
| 14 | | teaching as a profession the State Board of Education may,
| 15 | | pursuant to the federal Every Student Succeeds Act and | 16 | | appropriations for such purposes, establish educator | 17 | | preparation pilot
programs for teachers relating to clinical | 18 | | schools, restructuring
the teaching workplace, and providing | 19 | | special assistance and support
to beginning teachers . Such | 20 | | programs shall be conducted in accordance
with rules adopted by | 21 | | the State Board of Education. Such rules shall
provide for, but | 22 | | not be limited to, advisory councils and annual
reports on the | 23 | | progress of the pilot programs.
| 24 | | (Source: P.A. 85-322.)
|
| | | HB5588 Enrolled | - 10 - | LRB100 20323 AXK 35610 b |
|
| 1 | | (105 ILCS 5/2-3.61a)
| 2 | | Sec. 2-3.61a. 21st Century Community Learning Center Grant | 3 | | Program.
| 4 | | (a) The State Board of Education shall be the designated | 5 | | agency responsible
for the
administration of programs under | 6 | | Part I of Subchapter X of Chapter 70 of the
federal Elementary
| 7 | | and Secondary Education Act of 1965.
| 8 | | (b) The State Board of Education shall establish and | 9 | | implement a 21st
Century
Community Learning Center Grant | 10 | | Program, in accordance with federal guidelines,
to provide
| 11 | | grants to support whole child-focused academically focused | 12 | | after-school programs that are aligned with the regular | 13 | | academic programs of a school and the academic needs of | 14 | | students. These grants shall be used to help those students who | 15 | | attend high-poverty, low-performing schools meet State and | 16 | | local performance standards in core academic subjects and, if | 17 | | applicable, increase school day attendance and improve | 18 | | social-emotional skills for students who
attend
high-poverty, | 19 | | low-performing schools. These grants shall be used to help | 20 | | those
students who
attend high-poverty, low-performing schools | 21 | | meet State and local performance
standards in core
academic | 22 | | subjects and to offer opportunities for families of | 23 | | participating students to have meaningful engagement in their | 24 | | children's education that are linked to learning and healthy | 25 | | development outcomes opportunities
for improved
literacy and | 26 | | related educational development . If appropriate, external |
| | | HB5588 Enrolled | - 11 - | LRB100 20323 AXK 35610 b |
|
| 1 | | stakeholder feedback shall be gathered and used to inform the | 2 | | grant application.
| 3 | | The State Board of Education shall award grants to eligible | 4 | | applicants
that are of sufficient size and scope to implement | 5 | | support
high-quality, effective
after-school programs, to | 6 | | ensure reasonable success of achieving the goals
identified in | 7 | | the grant
application, and to offer those activities that are | 8 | | necessary to achieve these
goals and performance indicators and | 9 | | measures with a direct link to student achievement .
| 10 | | (c) Using State funds, subject to appropriation, and any | 11 | | federal funds
received for
this purpose,
the State Board of | 12 | | Education may establish any other grant programs that are
| 13 | | necessary to
establish high-quality, academically based, | 14 | | after-school programs that include
family-centered
education | 15 | | activities.
| 16 | | (d) The State Board of Education may adopt any rules | 17 | | necessary to implement
this
Section.
| 18 | | (Source: P.A. 93-374, eff. 7-24-03.)
| 19 | | (105 ILCS 5/2-3.64a-5) | 20 | | Sec. 2-3.64a-5. State goals and assessment. | 21 | | (a) For the assessment and accountability purposes of this | 22 | | Section, "students" includes those students enrolled in a | 23 | | public or State-operated elementary school, secondary school, | 24 | | or cooperative or joint agreement with a governing body or | 25 | | board of control, a charter school operating in compliance with |
| | | HB5588 Enrolled | - 12 - | LRB100 20323 AXK 35610 b |
|
| 1 | | the Charter Schools Law, a school operated by a regional office | 2 | | of education under Section 13A-3 of this Code, or a public | 3 | | school administered by a local public agency or the Department | 4 | | of Human Services. | 5 | | (b) The State Board of Education shall establish the | 6 | | academic standards that are to be applicable to students who | 7 | | are subject to State assessments under this Section. The State | 8 | | Board of Education shall not establish any such standards in | 9 | | final form without first providing opportunities for public | 10 | | participation and local input in the development of the final | 11 | | academic standards. Those opportunities shall include a | 12 | | well-publicized period of public comment and opportunities to | 13 | | file written comments. | 14 | | (c) Beginning no later than the 2014-2015 school year, the | 15 | | State Board of Education shall annually assess all students | 16 | | enrolled in grades 3 through 8 in English language arts and | 17 | | mathematics. | 18 | | Beginning no later than the 2017-2018 school year, the | 19 | | State Board of Education shall annually assess all students in | 20 | | science at one grade in grades 3 through 5, at one grade in | 21 | | grades 6 through 8, and at one grade in grades 9 through 12. | 22 | | The State Board of Education shall annually assess schools | 23 | | that operate a secondary education program, as defined in | 24 | | Section 22-22 of this Code, in English language arts and | 25 | | mathematics. The State Board of Education shall administer no | 26 | | more than 3 assessments, per student, of English language arts |
| | | HB5588 Enrolled | - 13 - | LRB100 20323 AXK 35610 b |
|
| 1 | | and mathematics for students in a secondary education program. | 2 | | One of these assessments shall include a college and career | 3 | | ready determination that shall be recognized accepted by this | 4 | | State's public institutions of higher education, as defined in | 5 | | the Board of Higher Education Act, for the purpose of student | 6 | | application or admissions consideration. The assessment | 7 | | administered by the State Board of Education for the purpose of | 8 | | student application to or admissions consideration by | 9 | | institutions of higher education must be administered on a | 10 | | school day during regular student attendance hours. | 11 | | Students who do are not take the State's final | 12 | | accountability assessment or its approved alternate assessment | 13 | | assessed for college and career ready determinations may not | 14 | | receive a regular high school diploma unless the student is | 15 | | exempted from taking the State assessments under subsection (d) | 16 | | of this Section because (i) the student's individualized | 17 | | educational program developed under Article 14 of this Code | 18 | | identifies the State assessment as inappropriate for the | 19 | | student, (ii) the student is enrolled in a program of adult and | 20 | | continuing education, as defined in the Adult Education Act, | 21 | | (iii) the school district is not required to assess the | 22 | | individual student for purposes of accountability under | 23 | | federal No Child Left Behind Act of 2001 requirements, (iv) the | 24 | | student has been determined to be an English learner and has | 25 | | been enrolled in schools in the United States for less than 12 | 26 | | months, or (v) the student is otherwise identified by the State |
| | | HB5588 Enrolled | - 14 - | LRB100 20323 AXK 35610 b |
|
| 1 | | Board of Education, through rules, as being exempt from the | 2 | | assessment. | 3 | | The State Board of Education shall not assess students | 4 | | under this Section in subjects not required by this Section. | 5 | | Districts shall inform their students of the timelines and | 6 | | procedures applicable to their participation in every yearly | 7 | | administration of the State assessments.
The State Board of | 8 | | Education shall establish periods of time in each school year | 9 | | during which State assessments shall occur to meet the | 10 | | objectives of this Section. | 11 | | (d) Every individualized educational program as described | 12 | | in Article 14 shall identify if the State assessment or | 13 | | components thereof require accommodation are appropriate for | 14 | | the student. The State Board of Education shall develop rules | 15 | | governing the administration of an alternate assessment that | 16 | | may be available to students for whom participation in this | 17 | | State's regular assessments is not appropriate, even with | 18 | | accommodations as allowed under this Section. | 19 | | Students receiving special education services whose | 20 | | individualized educational programs identify them as eligible | 21 | | for the alternative State assessments nevertheless shall have | 22 | | the option of also taking this State's regular final | 23 | | accountability assessment that includes a college and career | 24 | | ready determination , which shall be administered in accordance | 25 | | with the eligible accommodations appropriate for meeting these | 26 | | students' respective needs. |
| | | HB5588 Enrolled | - 15 - | LRB100 20323 AXK 35610 b |
|
| 1 | | All students determined to be English learners shall | 2 | | participate in the State assessments . The scores of , excepting | 3 | | those students who have been enrolled in schools in the United | 4 | | States for less than 12 months may not be used for the purposes | 5 | | of accountability . Such students may be exempted from | 6 | | participation in one annual administration of the English | 7 | | language arts assessment. Any student determined to be an | 8 | | English learner shall receive appropriate assessment | 9 | | accommodations, including language supports, which shall be | 10 | | established by rule. Approved assessment accommodations must | 11 | | be provided until the student's English language skills develop | 12 | | to the extent that the student is no longer considered to be an | 13 | | English learner, as demonstrated through a State-identified | 14 | | English language proficiency assessment. | 15 | | (e) The results or scores of each assessment taken under | 16 | | this Section shall be made available to the parents of each | 17 | | student. | 18 | | In each school year, the scores attained by a student on | 19 | | the final accountability State assessment that includes a | 20 | | college and career ready determination must be placed in the | 21 | | student's permanent record pursuant to rules that the State | 22 | | Board of Education shall adopt for that purpose in accordance | 23 | | with Section 3 of the Illinois School Student Records Act. In | 24 | | each school year, the scores attained by a student on the State | 25 | | assessments administered in grades 3 through 8 must be placed | 26 | | in the student's temporary record. |
| | | HB5588 Enrolled | - 16 - | LRB100 20323 AXK 35610 b |
|
| 1 | | (f) All schools shall administer the State's an academic | 2 | | assessment of English language proficiency in oral language | 3 | | (listening and speaking) and reading and writing skills to all | 4 | | children determined to be English learners. | 5 | | (g) All schools in this State that are part of the sample | 6 | | drawn by the National Center for Education Statistics, in | 7 | | collaboration with their school districts and the State Board | 8 | | of Education, shall administer the biennial academic | 9 | | assessments under the National Assessment of Educational | 10 | | Progress carried out under Section 411(b)(2) of the federal | 11 | | National Education Statistics Act of 1994 (20 U.S.C. 9010) if | 12 | | the U.S. Secretary of Education pays the costs of administering | 13 | | the assessments. | 14 | | (h) (Blank). Subject to available funds to this State for | 15 | | the purpose of student assessment, the State Board of Education | 16 | | shall provide additional assessments and assessment resources | 17 | | that may be used by school districts for local assessment | 18 | | purposes. The State Board of Education shall annually | 19 | | distribute a listing of these additional resources. | 20 | | (i) For the purposes of this subsection (i), "academically | 21 | | based assessments" means assessments consisting of questions | 22 | | and answers that are measurable and quantifiable to measure the | 23 | | knowledge, skills, and ability of students in the subject | 24 | | matters covered by the assessments. All assessments | 25 | | administered pursuant to this Section must be academically | 26 | | based assessments. The scoring of academically based |
| | | HB5588 Enrolled | - 17 - | LRB100 20323 AXK 35610 b |
|
| 1 | | assessments shall be reliable, valid, and fair and shall meet | 2 | | the guidelines for assessment development and use prescribed by | 3 | | the American Psychological Association, the National Council | 4 | | on Measurement in Education, and the American Educational | 5 | | Research Association. | 6 | | The State Board of Education shall review the use of all | 7 | | assessment item types in order to ensure that they are valid | 8 | | and reliable indicators of student performance aligned to the | 9 | | learning standards being assessed and that the development, | 10 | | administration, and scoring of these item types are justifiable | 11 | | in terms of cost. | 12 | | (j) The State Superintendent of Education shall appoint a | 13 | | committee of no more than 21 members, consisting of parents, | 14 | | teachers, school administrators, school board members, | 15 | | assessment experts, regional superintendents of schools, and | 16 | | citizens, to review the State assessments administered by the | 17 | | State Board of Education. The Committee shall select one of its | 18 | | members as its chairperson. The Committee shall meet on an | 19 | | ongoing basis to review the content and design of the | 20 | | assessments (including whether the requirements of subsection | 21 | | (i) of this Section have been met), the time and money expended | 22 | | at the local and State levels to prepare for and administer the | 23 | | assessments, the collective results of the assessments as | 24 | | measured against the stated purpose of assessing student | 25 | | performance, and other issues involving the assessments | 26 | | identified by the Committee. The Committee shall make periodic |
| | | HB5588 Enrolled | - 18 - | LRB100 20323 AXK 35610 b |
|
| 1 | | recommendations to the State Superintendent of Education and | 2 | | the General Assembly concerning the assessments. | 3 | | (k) The State Board of Education may adopt rules to | 4 | | implement this Section.
| 5 | | (Source: P.A. 99-30, eff. 7-10-15; 99-185, eff. 1-1-16; 99-642, | 6 | | eff. 7-28-16; 100-7, eff. 7-1-17; 100-222, eff. 8-18-17; | 7 | | revised 9-22-17.) | 8 | | (105 ILCS 5/2-3.136)
| 9 | | Sec. 2-3.136. Funding for class Class size reduction grant | 10 | | programs . | 11 | | (a) Class size reduction funding shall assist A K-3 class | 12 | | size
reduction grant program is created. The program shall be | 13 | | implemented
and
administered by the State Board of Education. | 14 | | From
appropriations made for purposes of this Section, the | 15 | | State Board shall award grants to schools that meet
the | 16 | | criteria established by this Section subsection (a) for the | 17 | | award of funds those grants .
| 18 | | (a-5) Funds Grants shall be awarded pursuant to | 19 | | application. The form and manner of
applications and the | 20 | | criteria for the award of funds grants shall be prescribed by
| 21 | | the State Board of Education. The grant criteria as so | 22 | | prescribed, however,
shall provide that only those schools that | 23 | | are identified as priority schools under Section 2-3.25d-5 of | 24 | | this Code and that maintain grades kindergarten through 3 are | 25 | | grant eligible.
|
| | | HB5588 Enrolled | - 19 - | LRB100 20323 AXK 35610 b |
|
| 1 | | Funding Grants awarded to eligible schools under this | 2 | | Section subsection (a) shall be used and
applied by the schools | 3 | | to defray the costs and expenses of reducing class size to a | 4 | | level that is evidence-based. If a school's facilities are | 5 | | inadequate to allow for the specified class size, then funding | 6 | | may be used for, but is not limited to, support for | 7 | | professional learning. operating and
maintaining classes in | 8 | | grades kindergarten through 3 with an average class size within | 9 | | a specific grade of no more than 20 pupils. If a school's | 10 | | facilities are inadequate to allow for this specified class | 11 | | size, then a school may use the grant funds for teacher aides | 12 | | instead.
| 13 | | (b) (Blank). A K-3 pilot class size reduction grant program | 14 | | is created. The program shall be implemented and administered | 15 | | by the State Board of Education. From appropriations made for | 16 | | purposes of this subsection (b), the State Board shall award | 17 | | grants to schools that meet the criteria established by this | 18 | | Section for the award of those grants. | 19 | | Grants shall be awarded pursuant to application. The form | 20 | | and manner of application and the criteria for the award of | 21 | | grants shall be prescribed by the State Board of Education. | 22 | | Grants awarded to eligible schools under this subsection | 23 | | (b) shall be used and applied by the schools to defray the | 24 | | costs and expenses of operating and maintaining classes in | 25 | | grades kindergarten through 3 of no more than 15 pupils per | 26 | | teacher per class. A teacher aide may not be used to meet this |
| | | HB5588 Enrolled | - 20 - | LRB100 20323 AXK 35610 b |
|
| 1 | | requirement. | 2 | | (c) (Blank). If a school board determines that a school is | 3 | | using funds awarded under this Section for purposes not | 4 | | authorized by this Section, then the school board, rather than | 5 | | the school, shall determine how the funds are used.
| 6 | | (d) The State Board of Education shall adopt any rules, | 7 | | consistent with the
requirements of this Section, that are | 8 | | necessary to implement and administer
this Section the class | 9 | | size reduction grant programs .
| 10 | | (Source: P.A. 99-193, eff. 7-30-15.) | 11 | | (105 ILCS 5/2-3.153) | 12 | | Sec. 2-3.153. Survey of learning conditions. | 13 | | (a) The State Board of Education shall administer a climate | 14 | | survey, identified by and paid for by the State Board of | 15 | | Education, select for statewide administration an instrument | 16 | | to provide feedback from, at a minimum, students in grades 4 6 | 17 | | through 12 and teachers on the instructional environment within | 18 | | a school . Each after giving consideration to the | 19 | | recommendations of the Performance Evaluation Advisory Council | 20 | | made pursuant to subdivision (6) of subsection (a) of Section | 21 | | 24A-20 of this Code. Subject to appropriation to the State | 22 | | Board of Education for the State's cost of development and | 23 | | administration and, subject to subsections (b) and (c) of this | 24 | | Section, each school district shall annually administer , at | 25 | | least biennially, the climate survey instrument in every public |
| | | HB5588 Enrolled | - 21 - | LRB100 20323 AXK 35610 b |
|
| 1 | | school attendance center by a date specified by the State | 2 | | Superintendent of Education, and data resulting from the | 3 | | instrument's administration must be provided to the State Board | 4 | | of Education. The survey component that requires completion by | 5 | | the teachers must be administered during teacher meetings or | 6 | | professional development days or at other times that would not | 7 | | interfere with the teachers' regular classroom and direct | 8 | | instructional duties. The State Superintendent , following | 9 | | consultation with teachers, principals, and other appropriate | 10 | | stakeholders, shall publicly report on the survey selected | 11 | | indicators of learning conditions resulting from | 12 | | administration of the instrument at the individual school, | 13 | | district, and State levels and shall identify whether the | 14 | | indicators result from an anonymous administration of the | 15 | | instrument. If in any year the appropriation to the State Board | 16 | | of Education is insufficient for the State's costs associated | 17 | | with statewide administration of the instrument, the State | 18 | | Board of Education shall give priority to districts with | 19 | | low-performing schools and a representative sample of other | 20 | | districts.
| 21 | | (b) A school district may elect to use, on a district-wide | 22 | | basis and at the school district's sole cost and expense, an | 23 | | alternate climate survey of learning conditions instrument | 24 | | pre-approved by the State Superintendent under subsection (c) | 25 | | of this Section in lieu of the State-adopted climate survey | 26 | | statewide survey instrument selected under subsection (a) of |
| | | HB5588 Enrolled | - 22 - | LRB100 20323 AXK 35610 b |
|
| 1 | | this Section , provided that: | 2 | | (1) the school district notifies the State Board of | 3 | | Education, on a form provided by the State Superintendent, | 4 | | of its intent to administer an alternate climate survey | 5 | | instrument on or before a date established by the State | 6 | | Superintendent for the 2014-2015 school year and August 1 | 7 | | of each subsequent school year during which the instrument | 8 | | will be administered ; | 9 | | (2) the notification submitted to the State Board under | 10 | | paragraph (1) of this subsection (b) must be accompanied by | 11 | | a certification signed by the president of the local | 12 | | teachers' exclusive bargaining representative and | 13 | | president of the school board indicating that the alternate | 14 | | survey has been agreed to by the teachers' exclusive | 15 | | bargaining representative and the school board; | 16 | | (3) the school district's administration of the | 17 | | alternate instrument, including providing to the State | 18 | | Board of Education data and reports suitable to be | 19 | | published on school report cards and the State School | 20 | | Report Card Internet website, is performed in accordance | 21 | | with the requirements of subsection (a) of this Section; | 22 | | and | 23 | | (4) the alternate instrument is administered each | 24 | | school year that the statewide survey instrument is | 25 | | administered; if the statewide survey is not administrated | 26 | | in a given school year, the school district is not required |
| | | HB5588 Enrolled | - 23 - | LRB100 20323 AXK 35610 b |
|
| 1 | | to provide the alternative instrument in that given school | 2 | | year . | 3 | | (c) The State Superintendent, in consultation with | 4 | | teachers, principals, superintendents, and other appropriate | 5 | | stakeholders, shall administer an approval process through | 6 | | which at least 2, but not more than 3, alternate survey of | 7 | | learning conditions instruments will be approved by the State | 8 | | Superintendent following a determination by the State | 9 | | Superintendent that each approved instrument: | 10 | | (1) meets all requirements of subsection (a) of this | 11 | | Section; | 12 | | (2) provides a summation of indicator results of the | 13 | | alternative survey by a date established by the State | 14 | | Superintendent in a manner that allows the indicator | 15 | | results to be included on school report cards pursuant to | 16 | | Section 10-17a of this Code by October 31 of the school | 17 | | year following the instrument's administration; | 18 | | (3) provides summary reports for each district and | 19 | | attendance center intended for parents and community | 20 | | stakeholders; | 21 | | (4) meets scale reliability requirements using | 22 | | accepted testing measures; | 23 | | (5) provides research-based evidence linking | 24 | | instrument content to one or more improved student | 25 | | outcomes; and | 26 | | (6) has undergone and documented testing to prove |
| | | HB5588 Enrolled | - 24 - | LRB100 20323 AXK 35610 b |
|
| 1 | | validity and reliability . | 2 | | The State Superintendent shall periodically review and update | 3 | | the list of approved alternate survey instruments, provided | 4 | | that at least 2, but no more than 3, alternate survey | 5 | | instruments shall be approved for use during any school year. | 6 | | (d) Nothing contained in this amendatory Act of the 98th | 7 | | General Assembly repeals, supersedes, invalidates, or | 8 | | nullifies final decisions in lawsuits pending on the effective | 9 | | date of this amendatory Act of the 98th General Assembly in | 10 | | Illinois courts involving the interpretation of Public Act | 11 | | 97-8. | 12 | | (Source: P.A. 97-8, eff. 6-13-11; 97-813, eff. 7-13-12; 98-648, | 13 | | eff. 7-1-14.) | 14 | | (105 ILCS 5/10-21.3a)
| 15 | | Sec. 10-21.3a. Transfer of students.
| 16 | | (a) Each school board shall establish and
implement a
| 17 | | policy governing the transfer of a student from one attendance | 18 | | center to
another within the
school district upon the request | 19 | | of the student's parent or guardian.
Any request by a parent or | 20 | | guardian to transfer his or her child from one
attendance
| 21 | | center to another
within the school district pursuant to | 22 | | Section 1116 of the federal Elementary
and
Secondary Education
| 23 | | Act of 1965 (20 U.S.C. Sec. 6316) must be made no later than 30 | 24 | | days after the
parent or guardian
receives notice of the right | 25 | | to transfer pursuant to that law.
A
student may not transfer to |
| | | HB5588 Enrolled | - 25 - | LRB100 20323 AXK 35610 b |
|
| 1 | | any of the following attendance centers, except by
change in
| 2 | | residence if the policy authorizes enrollment based on | 3 | | residence in an
attendance area
or unless approved by the board | 4 | | on an individual basis:
| 5 | | (1) An attendance center that exceeds or as a result of | 6 | | the
transfer would
exceed its attendance capacity.
| 7 | | (2) An attendance center for which the board has | 8 | | established
academic
criteria for enrollment if the | 9 | | student does not meet the criteria , provided
that the | 10 | | transfer must be permitted if the attendance center is the | 11 | | only
attendance center serving the student's grade
that has | 12 | | not been identified for school
improvement, corrective | 13 | | action, or restructuring under Section
1116 of the federal | 14 | | Elementary and Secondary Education Act of 1965 (20 U.S.C.
| 15 | | Sec. 6316) .
| 16 | | (3) Any attendance center if the transfer would
prevent | 17 | | the school district from meeting its obligations under a | 18 | | State or
federal law,
court
order, or consent
decree
| 19 | | applicable to the school district.
| 20 | | (b) Each school board shall establish and implement a | 21 | | policy governing the
transfer of students within a school | 22 | | district from a persistently dangerous
school to another public | 23 | | school in that district that is not deemed to be
persistently | 24 | | dangerous.
In order to be considered a persistently dangerous | 25 | | school, the
school must meet all of the following criteria for | 26 | | 2 consecutive years:
|
| | | HB5588 Enrolled | - 26 - | LRB100 20323 AXK 35610 b |
|
| 1 | | (1) Have greater than 3% of the students enrolled in | 2 | | the school expelled
for violence-related conduct.
| 3 | | (2) Have one or more students expelled for bringing a | 4 | | firearm to school as
defined in 18 U.S.C. 921.
| 5 | | (3) Have at least 3% of the students enrolled in the | 6 | | school exercise the
individual option to transfer schools | 7 | | pursuant to subsection (c) of this
Section.
| 8 | | (c) A student may transfer from one public school to
| 9 | | another public school in that district if the student is a | 10 | | victim of a violent
crime as defined in Section 3 of the Rights | 11 | | of Crime Victims and Witnesses Act.
The violent crime must have | 12 | | occurred on school grounds during regular school
hours or | 13 | | during a school-sponsored event.
| 14 | | (d) (Blank). Transfers made pursuant to subsections (b) and | 15 | | (c) of this Section shall
be made in compliance with the | 16 | | federal No Child Left Behind Act of 2001 (Public
Law 107-110).
| 17 | | (Source: P.A. 96-328, eff. 8-11-09.)
| 18 | | (105 ILCS 5/10-29) | 19 | | Sec. 10-29. Remote educational programs. | 20 | | (a) For purposes of this Section, "remote educational | 21 | | program" means an educational program delivered to students in | 22 | | the home or other location outside of a school building that | 23 | | meets all of the following criteria: | 24 | | (1) A student may participate in the program only after | 25 | | the school district, pursuant to adopted school board |
| | | HB5588 Enrolled | - 27 - | LRB100 20323 AXK 35610 b |
|
| 1 | | policy, and a person authorized to enroll the student under | 2 | | Section 10-20.12b of this Code determine that a remote | 3 | | educational program will best serve the student's | 4 | | individual learning needs. The adopted school board policy | 5 | | shall include, but not be limited to, all of the following: | 6 | | (A) Criteria for determining that a remote | 7 | | educational program will best serve a student's | 8 | | individual learning needs. The criteria must include | 9 | | consideration of, at a minimum, a student's prior | 10 | | attendance, disciplinary record, and academic history. | 11 | | (B) Any limitations on the number of students or | 12 | | grade levels that may participate in a remote | 13 | | educational program. | 14 | | (C) A description of the process that the school | 15 | | district will use to approve participation in the | 16 | | remote educational program. The process must include | 17 | | without limitation a requirement that, for any student | 18 | | who qualifies to receive services pursuant to the | 19 | | federal Individuals with Disabilities Education | 20 | | Improvement Act of 2004, the student's participation | 21 | | in a remote educational program receive prior approval | 22 | | from the student's individualized education program | 23 | | team. | 24 | | (D) A description of the process the school | 25 | | district will use to develop and approve a written | 26 | | remote educational plan that meets the requirements of |
| | | HB5588 Enrolled | - 28 - | LRB100 20323 AXK 35610 b |
|
| 1 | | subdivision (5) of this subsection (a). | 2 | | (E) A description of the system the school district | 3 | | will establish to determine student participation | 4 | | calculate the number of clock hours a student is | 5 | | participating in instruction in accordance with the | 6 | | remote educational program. | 7 | | (F) A description of the process for renewing a | 8 | | remote educational program at the expiration of its | 9 | | term. | 10 | | (G) Such other terms and provisions as the school | 11 | | district deems necessary to provide for the | 12 | | establishment and delivery of a remote educational | 13 | | program. | 14 | | (2) The school district has determined that the remote | 15 | | educational program's curriculum is aligned to State | 16 | | learning standards and that the program offers instruction | 17 | | and educational experiences consistent with those given to | 18 | | students at the same grade level in the district. | 19 | | (3) The remote educational program is delivered by | 20 | | instructors that meet the following qualifications: | 21 | | (A) they are certificated under Article 21 of this | 22 | | Code; | 23 | | (B) (blank); and they meet applicable highly | 24 | | qualified criteria under the federal No Child Left | 25 | | Behind Act of 2001; and | 26 | | (C) they have responsibility for all of the |
| | | HB5588 Enrolled | - 29 - | LRB100 20323 AXK 35610 b |
|
| 1 | | following elements of the program: planning | 2 | | instruction, diagnosing learning needs, prescribing | 3 | | content delivery through class activities, assessing | 4 | | learning, reporting outcomes to administrators and | 5 | | parents and guardians, and evaluating the effects of | 6 | | instruction. | 7 | | (4) During the period of time from and including the | 8 | | opening date to the
closing date of the regular school term | 9 | | of the school district established pursuant to Section | 10 | | 10-19 of this Code, participation in a remote educational | 11 | | program may be claimed for general State aid purposes under | 12 | | Section 18-8.05 of this Code or evidence-based funding | 13 | | purposes under Section 18-8.15 of this Code on any calendar | 14 | | day, notwithstanding whether the day is a day of pupil | 15 | | attendance or institute day on the school district's | 16 | | calendar or any other provision of law restricting | 17 | | instruction on that day. If the district holds year-round | 18 | | classes in some buildings, the district
shall classify each | 19 | | student's participation in a remote educational program as | 20 | | either on a year-round or a non-year-round schedule for | 21 | | purposes of claiming general State aid or evidence-based | 22 | | funding. Outside of the regular school term of the | 23 | | district, the remote educational program may be offered as | 24 | | part of any summer school program authorized by this Code. | 25 | | (5) Each student participating in a remote educational | 26 | | program must have a written remote educational plan that |
| | | HB5588 Enrolled | - 30 - | LRB100 20323 AXK 35610 b |
|
| 1 | | has been approved by the school district and a person | 2 | | authorized to enroll the student under Section 10-20.12b of | 3 | | this Code. The school district and a person authorized to | 4 | | enroll the student under Section 10-20.12b of this Code | 5 | | must approve any amendment to a remote educational plan. | 6 | | The remote educational plan must include, but is not | 7 | | limited to, all of the following: | 8 | | (A) Specific achievement goals for the student | 9 | | aligned to State learning standards. | 10 | | (B) A description of all assessments that will be | 11 | | used to measure student progress, which description | 12 | | shall indicate the assessments that will be | 13 | | administered at an attendance center within the school | 14 | | district. | 15 | | (C) A description of the progress reports that will | 16 | | be provided to the school district and the person or | 17 | | persons authorized to enroll the student under Section | 18 | | 10-20.12b of this Code. | 19 | | (D) Expectations, processes, and schedules for | 20 | | interaction between a teacher and student. | 21 | | (E) A description of the specific responsibilities | 22 | | of the student's family and the school district with | 23 | | respect to equipment, materials, phone and Internet | 24 | | service, and any other requirements applicable to the | 25 | | home or other location outside of a school building | 26 | | necessary for the delivery of the remote educational |
| | | HB5588 Enrolled | - 31 - | LRB100 20323 AXK 35610 b |
|
| 1 | | program. | 2 | | (F) If applicable, a description of how the remote | 3 | | educational program will be delivered in a manner | 4 | | consistent with the student's individualized education | 5 | | program required by Section 614(d) of the federal | 6 | | Individuals with Disabilities Education Improvement | 7 | | Act of 2004 or plan to ensure compliance with Section | 8 | | 504 of the federal Rehabilitation Act of 1973. | 9 | | (G) A description of the procedures and | 10 | | opportunities for participation in academic and | 11 | | extra-curricular activities and programs within the | 12 | | school district. | 13 | | (H) The identification of a parent, guardian, or | 14 | | other responsible adult who will provide direct | 15 | | supervision of the program. The plan must include an | 16 | | acknowledgment by the parent, guardian, or other | 17 | | responsible adult that he or she may engage only in | 18 | | non-teaching duties not requiring instructional | 19 | | judgment or the evaluation of a student. The plan shall | 20 | | designate the parent, guardian, or other responsible | 21 | | adult as non-teaching personnel or volunteer personnel | 22 | | under subsection (a) of Section 10-22.34 of this Code. | 23 | | (I) The identification of a school district | 24 | | administrator who will oversee the remote educational | 25 | | program on behalf of the school district and who may be | 26 | | contacted by the student's parents with respect to any |
| | | HB5588 Enrolled | - 32 - | LRB100 20323 AXK 35610 b |
|
| 1 | | issues or concerns with the program. | 2 | | (J) The term of the student's participation in the | 3 | | remote educational program, which may not extend for | 4 | | longer than 12 months, unless the term is renewed by | 5 | | the district in accordance with subdivision (7) of this | 6 | | subsection (a). | 7 | | (K) A description of the specific location or | 8 | | locations in which the program will be delivered. If | 9 | | the remote educational program is to be delivered to a | 10 | | student in any location other than the student's home, | 11 | | the plan must include a written determination by the | 12 | | school district that the location will provide a | 13 | | learning environment appropriate for the delivery of | 14 | | the program. The location or locations in which the | 15 | | program will be delivered shall be deemed a long | 16 | | distance teaching reception area under subsection (a) | 17 | | of Section 10-22.34 of this Code. | 18 | | (L) Certification by the school district that the | 19 | | plan meets all other requirements of this Section. | 20 | | (6) Students participating in a remote educational | 21 | | program must be enrolled in a school district attendance | 22 | | center pursuant to the school district's enrollment policy | 23 | | or policies. A student participating in a remote | 24 | | educational program must be tested as part of all | 25 | | assessments administered by the school district pursuant | 26 | | to Section 2-3.64a-5 of this Code at the attendance center |
| | | HB5588 Enrolled | - 33 - | LRB100 20323 AXK 35610 b |
|
| 1 | | in which the student is enrolled and in accordance with the | 2 | | attendance center's assessment policies and schedule. The | 3 | | student must be included within all accountability | 4 | | determinations for the school district and attendance | 5 | | center under State and federal law. | 6 | | (7) The term of a student's participation in a remote | 7 | | educational program may not extend for longer than 12 | 8 | | months, unless the term is renewed by the school district. | 9 | | The district may only renew a student's participation in a | 10 | | remote educational program following an evaluation of the | 11 | | student's progress in the program, a determination that the | 12 | | student's continuation in the program will best serve the | 13 | | student's individual learning needs, and an amendment to | 14 | | the student's written remote educational plan addressing | 15 | | any changes for the upcoming term of the program. | 16 | | For purposes of this Section, a remote educational program | 17 | | does not include instruction delivered to students through an | 18 | | e-learning program approved under Section 10-20.56 of this | 19 | | Code. | 20 | | (b) A school district may, by resolution of its school | 21 | | board, establish a remote educational program. | 22 | | (c) (Blank). Clock hours of instruction by students in a | 23 | | remote educational program meeting the requirements of this | 24 | | Section may be claimed by the school district and shall be | 25 | | counted as school work for general State aid purposes in | 26 | | accordance with and subject to the limitations of Section |
| | | HB5588 Enrolled | - 34 - | LRB100 20323 AXK 35610 b |
|
| 1 | | 18-8.05 of this Code or evidence-based funding purposes in | 2 | | accordance with and subject to the limitations of Section | 3 | | 18-8.15 of this Code. | 4 | | (d) The impact of remote educational programs on wages, | 5 | | hours, and terms and conditions of employment of educational | 6 | | employees within the school district shall be subject to local | 7 | | collective bargaining agreements. | 8 | | (e) The use of a home or other location outside of a school | 9 | | building for a remote educational program shall not cause the | 10 | | home or other location to be deemed a public school facility. | 11 | | (f) A remote educational program may be used, but is not | 12 | | required, for instruction delivered to a student in the home or | 13 | | other location outside of a school building that is not claimed | 14 | | for general State aid purposes under Section 18-8.05 of this | 15 | | Code or evidence-based funding purposes under Section 18-8.15 | 16 | | of this Code. | 17 | | (g) School districts that, pursuant to this Section, adopt | 18 | | a policy for a remote educational program must submit to the | 19 | | State Board of Education a copy of the policy and any | 20 | | amendments thereto, as well as data on student participation in | 21 | | a format specified by the State Board of Education. The State | 22 | | Board of Education may perform or contract with an outside | 23 | | entity to perform an evaluation of remote educational programs | 24 | | in this State. | 25 | | (h) The State Board of Education may adopt any rules | 26 | | necessary to ensure compliance by remote educational programs |
| | | HB5588 Enrolled | - 35 - | LRB100 20323 AXK 35610 b |
|
| 1 | | with the requirements of this Section and other applicable | 2 | | legal requirements.
| 3 | | (Source: P.A. 99-193, eff. 7-30-15; 99-194, eff. 7-30-15; | 4 | | 99-642, eff. 7-28-16; 100-465, eff. 8-31-17.)
| 5 | | (105 ILCS 5/34-1.1) (from Ch. 122, par. 34-1.1)
| 6 | | Sec. 34-1.1. Definitions. As used in this Article:
| 7 | | "Academic Accountability Council" means the Chicago | 8 | | Schools Academic
Accountability Council created under Section | 9 | | 34-3.4.
| 10 | | "Local School Council" means a local school council | 11 | | established
under Section 34-2.1.
| 12 | | "School" and "attendance center" are used interchangeably | 13 | | to mean any
attendance center operated pursuant to this Article | 14 | | and under the direction
of one principal.
| 15 | | "Secondary Attendance Center" means a school which has | 16 | | students enrolled
in grades 9 through 12 (although it may also | 17 | | have students enrolled
in grades below grade 9).
| 18 | | "Local Attendance Area School" means a school which has a | 19 | | local
attendance area established by the board.
| 20 | | "Multi-area school" means a school other than a local | 21 | | attendance area school.
| 22 | | "Contract school" means an attendance center managed and | 23 | | operated by a for-profit or not-for-profit private entity | 24 | | retained by the board to provide instructional and other | 25 | | services to a majority of the pupils enrolled in the attendance |
| | | HB5588 Enrolled | - 36 - | LRB100 20323 AXK 35610 b |
|
| 1 | | center. | 2 | | "Contract turnaround school" means an experimental | 3 | | contract school created by the board to implement alternative | 4 | | governance in an attendance center subject to restructuring or | 5 | | similar intervention under federal law that has not made | 6 | | adequate yearly progress for 5 consecutive years or a time | 7 | | period set forth in federal law . | 8 | | "Parent" means a parent or legal guardian of an enrolled | 9 | | student of an
attendance center.
| 10 | | "Community resident" means a person, 18 years of age or | 11 | | older,
residing within an attendance area served by a school,
| 12 | | excluding any person who is a parent of a student enrolled in | 13 | | that
school; provided that with respect to any multi-area | 14 | | school, community
resident means any person, 18 years of age or | 15 | | older, residing within the
voting district established for that | 16 | | school pursuant to Section 34-2.1c,
excluding any person who is | 17 | | a parent of a student enrolled in that school.
| 18 | | "School staff" means all certificated and uncertificated | 19 | | school
personnel, including all teaching and administrative | 20 | | staff (other than the
principal) and including all custodial, | 21 | | food service and other civil
service employees, who are | 22 | | employed at and assigned to perform the majority
of their | 23 | | employment duties at one attendance center served by the same
| 24 | | local school council.
| 25 | | "Regular meetings" means the meeting dates established by | 26 | | the local
school council at its annual organizational meeting.
|
| | | HB5588 Enrolled | - 37 - | LRB100 20323 AXK 35610 b |
|
| 1 | | (Source: P.A. 96-105, eff. 7-30-09.)
| 2 | | (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
| 3 | | Sec. 34-18. Powers of the board. The board shall exercise | 4 | | general
supervision and jurisdiction over the public education | 5 | | and the public
school system of the city, and, except as | 6 | | otherwise provided by this
Article, shall have power:
| 7 | | 1. To make suitable provision for the establishment and | 8 | | maintenance
throughout the year or for such portion thereof | 9 | | as it may direct, not
less than 9 months, of schools of all | 10 | | grades and kinds, including normal
schools, high schools, | 11 | | night schools, schools for defectives and
delinquents, | 12 | | parental and truant schools, schools for the blind, the
| 13 | | deaf and persons with physical disabilities, schools or | 14 | | classes in manual training,
constructural and vocational | 15 | | teaching, domestic arts and physical
culture, vocation and | 16 | | extension schools and lecture courses, and all
other | 17 | | educational courses and facilities, including | 18 | | establishing,
equipping, maintaining and operating | 19 | | playgrounds and recreational
programs, when such programs | 20 | | are conducted in, adjacent to, or connected
with any public | 21 | | school under the general supervision and jurisdiction
of | 22 | | the board; provided that the calendar for the school term | 23 | | and any changes must be submitted to and approved by the | 24 | | State Board of Education before the calendar or changes may | 25 | | take effect, and provided that in allocating funds
from |
| | | HB5588 Enrolled | - 38 - | LRB100 20323 AXK 35610 b |
|
| 1 | | year to year for the operation of all attendance centers | 2 | | within the
district, the board shall ensure that | 3 | | supplemental general State aid or supplemental grant funds
| 4 | | are allocated and applied in accordance with Section 18-8, | 5 | | 18-8.05, or 18-8.15. To
admit to such
schools without | 6 | | charge foreign exchange students who are participants in
an | 7 | | organized exchange student program which is authorized by | 8 | | the board.
The board shall permit all students to enroll in | 9 | | apprenticeship programs
in trade schools operated by the | 10 | | board, whether those programs are
union-sponsored or not. | 11 | | No student shall be refused admission into or
be excluded | 12 | | from any course of instruction offered in the common | 13 | | schools
by reason of that student's sex. No student shall | 14 | | be denied equal
access to physical education and | 15 | | interscholastic athletic programs
supported from school | 16 | | district funds or denied participation in
comparable | 17 | | physical education and athletic programs solely by reason | 18 | | of
the student's sex. Equal access to programs supported | 19 | | from school
district funds and comparable programs will be | 20 | | defined in rules
promulgated by the State Board of | 21 | | Education in
consultation with the Illinois High School | 22 | | Association.
Notwithstanding any other provision of this | 23 | | Article, neither the board
of education nor any local | 24 | | school council or other school official shall
recommend | 25 | | that children with disabilities be placed into regular | 26 | | education
classrooms unless those children with |
| | | HB5588 Enrolled | - 39 - | LRB100 20323 AXK 35610 b |
|
| 1 | | disabilities are provided with
supplementary services to | 2 | | assist them so that they benefit from the regular
classroom | 3 | | instruction and are included on the teacher's regular | 4 | | education
class register;
| 5 | | 2. To furnish lunches to pupils, to make a reasonable | 6 | | charge
therefor, and to use school funds for the payment of | 7 | | such expenses as
the board may determine are necessary in | 8 | | conducting the school lunch
program;
| 9 | | 3. To co-operate with the circuit court;
| 10 | | 4. To make arrangements with the public or quasi-public | 11 | | libraries
and museums for the use of their facilities by | 12 | | teachers and pupils of
the public schools;
| 13 | | 5. To employ dentists and prescribe their duties for | 14 | | the purpose of
treating the pupils in the schools, but | 15 | | accepting such treatment shall
be optional with parents or | 16 | | guardians;
| 17 | | 6. To grant the use of assembly halls and classrooms | 18 | | when not
otherwise needed, including light, heat, and | 19 | | attendants, for free public
lectures, concerts, and other | 20 | | educational and social interests, free of
charge, under | 21 | | such provisions and control as the principal of the
| 22 | | affected attendance center may prescribe;
| 23 | | 7. To apportion the pupils to the several schools; | 24 | | provided that no pupil
shall be excluded from or segregated | 25 | | in any such school on account of his
color, race, sex, or | 26 | | nationality. The board shall take into consideration
the |
| | | HB5588 Enrolled | - 40 - | LRB100 20323 AXK 35610 b |
|
| 1 | | prevention of segregation and the elimination of | 2 | | separation of children
in public schools because of color, | 3 | | race, sex, or nationality. Except that
children may be | 4 | | committed to or attend parental and social adjustment | 5 | | schools
established and maintained either for boys or girls | 6 | | only. All records
pertaining to the creation, alteration or | 7 | | revision of attendance areas shall
be open to the public. | 8 | | Nothing herein shall limit the board's authority to
| 9 | | establish multi-area attendance centers or other student | 10 | | assignment systems
for desegregation purposes or | 11 | | otherwise, and to apportion the pupils to the
several | 12 | | schools. Furthermore, beginning in school year 1994-95, | 13 | | pursuant
to a board plan adopted by October 1, 1993, the | 14 | | board shall offer, commencing
on a phased-in basis, the | 15 | | opportunity for families within the school
district to | 16 | | apply for enrollment of their children in any attendance | 17 | | center
within the school district which does not have | 18 | | selective admission
requirements approved by the board. | 19 | | The appropriate geographical area in
which such open | 20 | | enrollment may be exercised shall be determined by the
| 21 | | board of education. Such children may be admitted to any | 22 | | such attendance
center on a space available basis after all | 23 | | children residing within such
attendance center's area | 24 | | have been accommodated. If the number of
applicants from | 25 | | outside the attendance area exceed the space available,
| 26 | | then successful applicants shall be selected by lottery. |
| | | HB5588 Enrolled | - 41 - | LRB100 20323 AXK 35610 b |
|
| 1 | | The board of
education's open enrollment plan must include | 2 | | provisions that allow low
income students to have access to | 3 | | transportation needed to exercise school
choice. Open | 4 | | enrollment shall be in compliance with the provisions of | 5 | | the
Consent Decree and Desegregation Plan cited in Section | 6 | | 34-1.01;
| 7 | | 8. To approve programs and policies for providing | 8 | | transportation
services to students. Nothing herein shall | 9 | | be construed to permit or empower
the State Board of | 10 | | Education to order, mandate, or require busing or other
| 11 | | transportation of pupils for the purpose of achieving | 12 | | racial balance in any
school;
| 13 | | 9. Subject to the limitations in this Article, to | 14 | | establish and
approve system-wide curriculum objectives | 15 | | and standards, including graduation
standards, which | 16 | | reflect the
multi-cultural diversity in the city and are | 17 | | consistent with State law,
provided that for all purposes | 18 | | of this Article courses or
proficiency in American Sign | 19 | | Language shall be deemed to constitute courses
or | 20 | | proficiency in a foreign language; and to employ principals | 21 | | and teachers,
appointed as provided in this
Article, and | 22 | | fix their compensation. The board shall prepare such | 23 | | reports
related to minimal competency testing as may be | 24 | | requested by the State
Board of Education, and in addition | 25 | | shall monitor and approve special
education and bilingual | 26 | | education programs and policies within the district to
|
| | | HB5588 Enrolled | - 42 - | LRB100 20323 AXK 35610 b |
|
| 1 | | assure that appropriate services are provided in | 2 | | accordance with applicable
State and federal laws to | 3 | | children requiring services and education in those
areas;
| 4 | | 10. To employ non-teaching personnel or utilize | 5 | | volunteer personnel
for: (i) non-teaching duties not | 6 | | requiring instructional judgment or
evaluation of pupils, | 7 | | including library duties; and (ii) supervising study
| 8 | | halls, long distance teaching reception areas used | 9 | | incident to instructional
programs transmitted by | 10 | | electronic media such as computers, video, and audio,
| 11 | | detention and discipline areas, and school-sponsored | 12 | | extracurricular
activities. The board may further utilize | 13 | | volunteer non-certificated
personnel or employ | 14 | | non-certificated personnel to
assist in the instruction of | 15 | | pupils under the immediate supervision of a
teacher holding | 16 | | a valid certificate, directly engaged in teaching
subject | 17 | | matter or conducting activities; provided that the teacher
| 18 | | shall be continuously aware of the non-certificated | 19 | | persons' activities and
shall be able to control or modify | 20 | | them. The general superintendent shall
determine | 21 | | qualifications of such personnel and shall prescribe rules | 22 | | for
determining the duties and activities to be assigned to | 23 | | such personnel;
| 24 | | 10.5. To utilize volunteer personnel from a regional | 25 | | School Crisis
Assistance Team (S.C.A.T.), created as part | 26 | | of the Safe to Learn Program
established pursuant to |
| | | HB5588 Enrolled | - 43 - | LRB100 20323 AXK 35610 b |
|
| 1 | | Section 25 of the Illinois Violence Prevention Act
of 1995, | 2 | | to provide assistance to schools in times of violence or | 3 | | other
traumatic incidents within a school community by | 4 | | providing crisis
intervention services to lessen the | 5 | | effects of emotional trauma on
individuals and the | 6 | | community; the School Crisis Assistance Team
Steering | 7 | | Committee shall determine the qualifications for | 8 | | volunteers;
| 9 | | 11. To provide television studio facilities in not to | 10 | | exceed one
school building and to provide programs for | 11 | | educational purposes,
provided, however, that the board | 12 | | shall not construct, acquire, operate,
or maintain a | 13 | | television transmitter; to grant the use of its studio
| 14 | | facilities to a licensed television station located in the | 15 | | school
district; and to maintain and operate not to exceed | 16 | | one school radio
transmitting station and provide programs | 17 | | for educational purposes;
| 18 | | 12. To offer, if deemed appropriate, outdoor education | 19 | | courses,
including field trips within the State of | 20 | | Illinois, or adjacent states,
and to use school educational | 21 | | funds for the expense of the said outdoor
educational | 22 | | programs, whether within the school district or not;
| 23 | | 13. During that period of the calendar year not | 24 | | embraced within the
regular school term, to provide and | 25 | | conduct courses in subject matters
normally embraced in the | 26 | | program of the schools during the regular
school term and |
| | | HB5588 Enrolled | - 44 - | LRB100 20323 AXK 35610 b |
|
| 1 | | to give regular school credit for satisfactory
completion | 2 | | by the student of such courses as may be approved for | 3 | | credit
by the State Board of Education;
| 4 | | 14. To insure against any loss or liability of the | 5 | | board,
the former School Board Nominating Commission, | 6 | | Local School Councils, the
Chicago Schools Academic | 7 | | Accountability Council, or the former Subdistrict
Councils | 8 | | or of any member, officer, agent or employee thereof, | 9 | | resulting
from alleged violations of civil rights arising | 10 | | from incidents occurring on
or after September 5, 1967 or | 11 | | from the wrongful or negligent act or
omission of any such | 12 | | person whether occurring within or without the school
| 13 | | premises, provided the officer, agent or employee was, at | 14 | | the time of the
alleged violation of civil rights or | 15 | | wrongful act or omission, acting
within the scope of his | 16 | | employment or under direction of the board, the
former | 17 | | School
Board Nominating Commission, the Chicago Schools | 18 | | Academic Accountability
Council, Local School Councils, or | 19 | | the former Subdistrict Councils;
and to provide for or | 20 | | participate in insurance plans for its officers and
| 21 | | employees, including but not limited to retirement | 22 | | annuities, medical,
surgical and hospitalization benefits | 23 | | in such types and amounts as may be
determined by the | 24 | | board; provided, however, that the board shall contract
for | 25 | | such insurance only with an insurance company authorized to | 26 | | do business
in this State. Such insurance may include |
| | | HB5588 Enrolled | - 45 - | LRB100 20323 AXK 35610 b |
|
| 1 | | provision for employees who rely
on treatment by prayer or | 2 | | spiritual means alone for healing, in accordance
with the | 3 | | tenets and practice of a recognized religious | 4 | | denomination;
| 5 | | 15. To contract with the corporate authorities of any | 6 | | municipality
or the county board of any county, as the case | 7 | | may be, to provide for
the regulation of traffic in parking | 8 | | areas of property used for school
purposes, in such manner | 9 | | as is provided by Section 11-209 of The
Illinois Vehicle | 10 | | Code, approved September 29, 1969, as amended;
| 11 | | 16. (a) To provide, on an equal basis, access to a high
| 12 | | school campus and student directory information to the
| 13 | | official recruiting representatives of the armed forces of | 14 | | Illinois and
the United States for the purposes of | 15 | | informing students of the educational
and career | 16 | | opportunities available in the military if the board has | 17 | | provided
such access to persons or groups whose purpose is | 18 | | to acquaint students with
educational or occupational | 19 | | opportunities available to them. The board
is not required | 20 | | to give greater notice regarding the right of access to
| 21 | | recruiting representatives than is given to other persons | 22 | | and groups. In
this paragraph 16, "directory information" | 23 | | means a high school
student's name, address, and telephone | 24 | | number.
| 25 | | (b) If a student or his or her parent or guardian | 26 | | submits a signed,
written request to the high school before |
| | | HB5588 Enrolled | - 46 - | LRB100 20323 AXK 35610 b |
|
| 1 | | the end of the student's sophomore
year (or if the student | 2 | | is a transfer student, by another time set by
the high | 3 | | school) that indicates that the student or his or her | 4 | | parent or
guardian does
not want the student's directory | 5 | | information to be provided to official
recruiting | 6 | | representatives under subsection (a) of this Section, the | 7 | | high
school may not provide access to the student's | 8 | | directory information to
these recruiting representatives. | 9 | | The high school shall notify its
students and their parents | 10 | | or guardians of the provisions of this
subsection (b).
| 11 | | (c) A high school may require official recruiting | 12 | | representatives of
the armed forces of Illinois and the | 13 | | United States to pay a fee for copying
and mailing a | 14 | | student's directory information in an amount that is not
| 15 | | more than the actual costs incurred by the high school.
| 16 | | (d) Information received by an official recruiting | 17 | | representative
under this Section may be used only to | 18 | | provide information to students
concerning educational and | 19 | | career opportunities available in the military
and may not | 20 | | be released to a person who is not involved in recruiting
| 21 | | students for the armed forces of Illinois or the United | 22 | | States;
| 23 | | 17. (a) To sell or market any computer program | 24 | | developed by an employee
of the school district, provided | 25 | | that such employee developed the computer
program as a | 26 | | direct result of his or her duties with the school district
|
| | | HB5588 Enrolled | - 47 - | LRB100 20323 AXK 35610 b |
|
| 1 | | or through the utilization of the school district resources | 2 | | or facilities.
The employee who developed the computer | 3 | | program shall be entitled to share
in the proceeds of such | 4 | | sale or marketing of the computer program. The
distribution | 5 | | of such proceeds between the employee and the school | 6 | | district
shall be as agreed upon by the employee and the | 7 | | school district, except
that neither the employee nor the | 8 | | school district may receive more than 90%
of such proceeds. | 9 | | The negotiation for an employee who is represented by an
| 10 | | exclusive bargaining representative may be conducted by | 11 | | such bargaining
representative at the employee's request.
| 12 | | (b) For the purpose of this paragraph 17:
| 13 | | (1) "Computer" means an internally programmed, | 14 | | general purpose digital
device capable of | 15 | | automatically accepting data, processing data and | 16 | | supplying
the results of the operation.
| 17 | | (2) "Computer program" means a series of coded | 18 | | instructions or
statements in a form acceptable to a | 19 | | computer, which causes the computer to
process data in | 20 | | order to achieve a certain result.
| 21 | | (3) "Proceeds" means profits derived from | 22 | | marketing or sale of a product
after deducting the | 23 | | expenses of developing and marketing such product;
| 24 | | 18. To delegate to the general superintendent of
| 25 | | schools, by resolution, the authority to approve contracts | 26 | | and expenditures
in amounts of $10,000 or less;
|
| | | HB5588 Enrolled | - 48 - | LRB100 20323 AXK 35610 b |
|
| 1 | | 19. Upon the written request of an employee, to | 2 | | withhold from
the compensation of that employee any dues, | 3 | | payments or contributions
payable by such employee to any | 4 | | labor organization as defined in the
Illinois Educational | 5 | | Labor Relations Act. Under such arrangement, an
amount | 6 | | shall be withheld from each regular payroll period which is | 7 | | equal to
the pro rata share of the annual dues plus any | 8 | | payments or contributions,
and the board shall transmit | 9 | | such withholdings to the specified labor
organization | 10 | | within 10 working days from the time of the withholding;
| 11 | | 19a. Upon receipt of notice from the comptroller of a | 12 | | municipality with
a population of 500,000 or more, a county | 13 | | with a population of 3,000,000 or
more, the Cook County | 14 | | Forest Preserve District, the Chicago Park District, the
| 15 | | Metropolitan Water Reclamation District, the Chicago | 16 | | Transit Authority, or
a housing authority of a municipality | 17 | | with a population of 500,000 or more
that a debt is due and | 18 | | owing the municipality, the county, the Cook County
Forest | 19 | | Preserve District, the Chicago Park District, the | 20 | | Metropolitan Water
Reclamation District, the Chicago | 21 | | Transit Authority, or the housing authority
by an employee | 22 | | of the Chicago Board of Education, to withhold, from the
| 23 | | compensation of that employee, the amount of the debt that | 24 | | is due and owing
and pay the amount withheld to the | 25 | | municipality, the county, the Cook County
Forest Preserve | 26 | | District, the Chicago Park District, the Metropolitan |
| | | HB5588 Enrolled | - 49 - | LRB100 20323 AXK 35610 b |
|
| 1 | | Water
Reclamation District, the Chicago Transit Authority, | 2 | | or the housing authority;
provided, however, that the | 3 | | amount
deducted from any one salary or wage payment shall | 4 | | not exceed 25% of the net
amount of the payment. Before the | 5 | | Board deducts any amount from any salary or
wage of an | 6 | | employee under this paragraph, the municipality, the | 7 | | county, the
Cook County Forest Preserve District, the | 8 | | Chicago Park District, the
Metropolitan Water Reclamation | 9 | | District, the Chicago Transit Authority, or the
housing | 10 | | authority shall certify that (i) the employee has been | 11 | | afforded an
opportunity for a hearing to dispute the debt | 12 | | that is due and owing the
municipality, the county, the | 13 | | Cook County Forest Preserve District, the Chicago
Park | 14 | | District, the Metropolitan Water Reclamation District, the | 15 | | Chicago Transit
Authority, or the housing authority and | 16 | | (ii) the employee has received notice
of a wage deduction | 17 | | order and has been afforded an opportunity for a hearing to
| 18 | | object to the order. For purposes of this paragraph, "net | 19 | | amount" means that
part of the salary or wage payment | 20 | | remaining after the deduction of any amounts
required by | 21 | | law to be deducted and "debt due and owing" means (i) a | 22 | | specified
sum of money owed to the municipality, the | 23 | | county, the Cook County Forest
Preserve District, the | 24 | | Chicago Park District, the Metropolitan Water
Reclamation | 25 | | District, the Chicago Transit Authority, or the housing | 26 | | authority
for services, work, or goods, after the period |
| | | HB5588 Enrolled | - 50 - | LRB100 20323 AXK 35610 b |
|
| 1 | | granted for payment has expired,
or (ii) a specified sum of | 2 | | money owed to the municipality, the county, the Cook
County | 3 | | Forest Preserve District, the Chicago Park District, the | 4 | | Metropolitan
Water Reclamation District, the Chicago | 5 | | Transit Authority, or the housing
authority pursuant to a | 6 | | court order or order of an administrative hearing
officer | 7 | | after the exhaustion of, or the failure to exhaust, | 8 | | judicial review;
| 9 | | 20. The board is encouraged to employ a sufficient | 10 | | number of
certified school counselors to maintain a | 11 | | student/counselor ratio of 250 to
1 by July 1, 1990. Each | 12 | | counselor shall spend at least 75% of his work
time in | 13 | | direct contact with students and shall maintain a record of | 14 | | such time;
| 15 | | 21. To make available to students vocational and career
| 16 | | counseling and to establish 5 special career counseling | 17 | | days for students
and parents. On these days | 18 | | representatives of local businesses and
industries shall | 19 | | be invited to the school campus and shall inform students
| 20 | | of career opportunities available to them in the various | 21 | | businesses and
industries. Special consideration shall be | 22 | | given to counseling minority
students as to career | 23 | | opportunities available to them in various fields.
For the | 24 | | purposes of this paragraph, minority student means a person | 25 | | who is any of the following:
| 26 | | (a) American Indian or Alaska Native (a person having |
| | | HB5588 Enrolled | - 51 - | LRB100 20323 AXK 35610 b |
|
| 1 | | origins in any of the original peoples of North and South | 2 | | America, including Central America, and who maintains | 3 | | tribal affiliation or community attachment). | 4 | | (b) Asian (a person having origins in any of the | 5 | | original peoples of the Far East, Southeast Asia, or the | 6 | | Indian subcontinent, including, but not limited to, | 7 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 8 | | the Philippine Islands, Thailand, and Vietnam). | 9 | | (c) Black or African American (a person having origins | 10 | | in any of the black racial groups of Africa). Terms such as | 11 | | "Haitian" or "Negro" can be used in addition to "Black or | 12 | | African American". | 13 | | (d) Hispanic or Latino (a person of Cuban, Mexican, | 14 | | Puerto Rican, South or Central American, or other Spanish | 15 | | culture or origin, regardless of race). | 16 | | (e) Native Hawaiian or Other Pacific Islander (a person | 17 | | having origins in any of the original peoples of Hawaii, | 18 | | Guam, Samoa, or other Pacific Islands).
| 19 | | Counseling days shall not be in lieu of regular school | 20 | | days;
| 21 | | 22. To report to the State Board of Education the | 22 | | annual
student dropout rate and number of students who | 23 | | graduate from, transfer
from or otherwise leave bilingual | 24 | | programs;
| 25 | | 23. Except as otherwise provided in the Abused and | 26 | | Neglected Child
Reporting Act or other applicable State or |
| | | HB5588 Enrolled | - 52 - | LRB100 20323 AXK 35610 b |
|
| 1 | | federal law, to permit school
officials to withhold, from | 2 | | any person, information on the whereabouts of
any child | 3 | | removed from school premises when the child has been taken | 4 | | into
protective custody as a victim of suspected child | 5 | | abuse. School officials
shall direct such person to the | 6 | | Department of Children and Family Services,
or to the local | 7 | | law enforcement agency if appropriate;
| 8 | | 24. To develop a policy, based on the current state of | 9 | | existing school
facilities, projected enrollment and | 10 | | efficient utilization of available
resources, for capital | 11 | | improvement of schools and school buildings within
the | 12 | | district, addressing in that policy both the relative | 13 | | priority for
major repairs, renovations and additions to | 14 | | school facilities, and the
advisability or necessity of | 15 | | building new school facilities or closing
existing schools | 16 | | to meet current or projected demographic patterns within
| 17 | | the district;
| 18 | | 25. To make available to the students in every high | 19 | | school attendance
center the ability to take all courses | 20 | | necessary to comply with the Board
of Higher Education's | 21 | | college entrance criteria effective in 1993;
| 22 | | 26. To encourage mid-career changes into the teaching | 23 | | profession,
whereby qualified professionals become | 24 | | certified teachers, by allowing
credit for professional | 25 | | employment in related fields when determining point
of | 26 | | entry on teacher pay scale;
|
| | | HB5588 Enrolled | - 53 - | LRB100 20323 AXK 35610 b |
|
| 1 | | 27. To provide or contract out training programs for | 2 | | administrative
personnel and principals with revised or | 3 | | expanded duties pursuant to this
Act in order to assure | 4 | | they have the knowledge and skills to perform
their duties;
| 5 | | 28. To establish a fund for the prioritized special | 6 | | needs programs, and
to allocate such funds and other lump | 7 | | sum amounts to each attendance center
in a manner | 8 | | consistent with the provisions of part 4 of Section 34-2.3.
| 9 | | Nothing in this paragraph shall be construed to require any | 10 | | additional
appropriations of State funds for this purpose;
| 11 | | 29. (Blank);
| 12 | | 30. Notwithstanding any other provision of this Act or | 13 | | any other law to
the contrary, to contract with third | 14 | | parties for services otherwise performed
by employees, | 15 | | including those in a bargaining unit, and to layoff those
| 16 | | employees upon 14 days written notice to the affected | 17 | | employees. Those
contracts may be for a period not to | 18 | | exceed 5 years and may be awarded on a
system-wide basis. | 19 | | The board may not operate more than 30 contract schools, | 20 | | provided that the board may operate an additional 5 | 21 | | contract turnaround schools pursuant to item (5.5) of | 22 | | subsection (d) of Section 34-8.3 of this Code;
| 23 | | 31. To promulgate rules establishing procedures | 24 | | governing the layoff or
reduction in force of employees and | 25 | | the recall of such employees, including,
but not limited | 26 | | to, criteria for such layoffs, reductions in force or |
| | | HB5588 Enrolled | - 54 - | LRB100 20323 AXK 35610 b |
|
| 1 | | recall
rights of such employees and the weight to be given | 2 | | to any particular
criterion. Such criteria shall take into | 3 | | account factors including, but not be
limited to, | 4 | | qualifications, certifications, experience, performance | 5 | | ratings or
evaluations, and any other factors relating to | 6 | | an employee's job performance;
| 7 | | 32. To develop a policy to prevent nepotism in the | 8 | | hiring of personnel
or the selection of contractors;
| 9 | | 33. (Blank); and To enter into a partnership agreement, | 10 | | as required by
Section 34-3.5 of this Code, and, | 11 | | notwithstanding any other
provision of law to the contrary, | 12 | | to promulgate policies, enter into
contracts, and take any | 13 | | other action necessary to accomplish the
objectives and | 14 | | implement the requirements of that agreement; and
| 15 | | 34. To establish a Labor Management Council to the | 16 | | board
comprised of representatives of the board, the chief | 17 | | executive
officer, and those labor organizations that are | 18 | | the exclusive
representatives of employees of the board and | 19 | | to promulgate
policies and procedures for the operation of | 20 | | the Council.
| 21 | | The specifications of the powers herein granted are not to | 22 | | be
construed as exclusive but the board shall also exercise all | 23 | | other
powers that they may be requisite or proper for the | 24 | | maintenance and the
development of a public school system, not | 25 | | inconsistent with the other
provisions of this Article or | 26 | | provisions of this Code which apply to all
school districts.
|
| | | HB5588 Enrolled | - 55 - | LRB100 20323 AXK 35610 b |
|
| 1 | | In addition to the powers herein granted and authorized to | 2 | | be exercised
by the board, it shall be the duty of the board to | 3 | | review or to direct
independent reviews of special education | 4 | | expenditures and services.
The board shall file a report of | 5 | | such review with the General Assembly on
or before May 1, 1990.
| 6 | | (Source: P.A. 99-143, eff. 7-27-15; 100-465, eff. 8-31-17.)
| 7 | | (105 ILCS 5/34-18.24)
| 8 | | Sec. 34-18.24. Transfer of students.
| 9 | | (a) The board shall
establish and
implement a
policy | 10 | | governing the transfer of a student from one attendance center | 11 | | to
another within the
school district upon the request of the | 12 | | student's parent or guardian.
Any request by a parent or | 13 | | guardian to transfer his or her child from one
attendance
| 14 | | center to another
within the school district pursuant to | 15 | | Section 1116 of the federal Elementary
and
Secondary Education
| 16 | | Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30 | 17 | | days after the
parent or guardian
receives notice of the right | 18 | | to transfer pursuant to that law.
A
student may not transfer to | 19 | | any of the following attendance centers, except by
change in
| 20 | | residence if the policy authorizes enrollment based on | 21 | | residence in an
attendance area
or unless approved by the board | 22 | | on an individual basis:
| 23 | | (1) An attendance center that exceeds or as a result of | 24 | | the
transfer would
exceed its attendance capacity.
| 25 | | (2) An attendance center for which the board has |
| | | HB5588 Enrolled | - 56 - | LRB100 20323 AXK 35610 b |
|
| 1 | | established
academic
criteria for enrollment if the | 2 | | student does not meet the criteria , provided
that the | 3 | | transfer must be permitted if the attendance center is the | 4 | | only
attendance center serving the student's grade
that has | 5 | | not been identified for school
improvement, corrective | 6 | | action, or restructuring under Section
1116 of the federal | 7 | | Elementary and Secondary Education Act of 1965 (20 U.S.C.
| 8 | | Sec.
6317) .
| 9 | | (3) Any attendance center if the transfer would
prevent | 10 | | the school district from meeting its obligations under a | 11 | | State or
federal law,
court
order, or consent
decree
| 12 | | applicable to the school district.
| 13 | | (b) The board shall establish and implement a policy governing | 14 | | the
transfer of students within the school district from a | 15 | | persistently dangerous
attendance center to another attendance | 16 | | center in that district that is not
deemed to be
persistently | 17 | | dangerous.
In order to be considered a persistently dangerous | 18 | | attendance center, the
attendance center must meet all of the | 19 | | following criteria for 2 consecutive
years:
| 20 | | (1) Have greater than 3% of the students enrolled in | 21 | | the attendance center
expelled for violence-related | 22 | | conduct.
| 23 | | (2) Have one or more students expelled for bringing a | 24 | | firearm to school
as defined in 18 U.S.C. 921.
| 25 | | (3) Have at least 3% of the students enrolled in the | 26 | | attendance center
exercise the
individual option to |
| | | HB5588 Enrolled | - 57 - | LRB100 20323 AXK 35610 b |
|
| 1 | | transfer attendance centers pursuant to subsection (c) of
| 2 | | this
Section.
| 3 | | (c) A student may transfer from one attendance center to
| 4 | | another attendance center within the district if the student is | 5 | | a victim of a
violent
crime as defined in Section 3 of the | 6 | | Rights of Crime Victims and Witnesses Act.
The violent crime | 7 | | must have occurred on school grounds during regular school
| 8 | | hours or during a school-sponsored event.
| 9 | | (d) (Blank). Transfers made pursuant to subsections (b) and | 10 | | (c) of this Section shall
be made in compliance with the | 11 | | federal No Child Left Behind Act of 2001 (Public
Law 107-110).
| 12 | | (Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)
| 13 | | (105 ILCS 5/2-3.25d rep.)
| 14 | | (105 ILCS 5/10-20.39 rep.)
| 15 | | (105 ILCS 5/21B-200 rep.) | 16 | | (105 ILCS 5/34-3.5 rep.) | 17 | | (105 ILCS 5/34-18.31 rep.) | 18 | | Section 10. The School Code is amended by repealing | 19 | | Sections 2-3.25d, 10-20.39, 21B-200, 34-3.5, and 34-18.31.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law. |
|