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




State of Illinois
2019 and 2020


Introduced 1/10/2019, by Sen. Jennifer Bertino-Tarrant


105 ILCS 5/2-3.66b
105 ILCS 5/10-19  from Ch. 122, par. 10-19
105 ILCS 5/10-19.05 new
105 ILCS 5/10-20.56
105 ILCS 5/13B-45
105 ILCS 5/13B-50.5
105 ILCS 5/29-6.3
105 ILCS 5/34-18  from Ch. 122, par. 34-18
105 ILCS 433/10

    Amends the School Code. Provides that for a pupil of legal school age and in kindergarten or any of grades 1 through 12, a day of attendance shall be counted only for sessions of not less than 5 clock hours of school work per day under direct supervision of (i) teachers or (ii) non-teaching personnel or volunteer personnel when engaging in non-teaching duties and supervising in instances specified under the Code; provides for exceptions. Makes conforming changes, including in the Vocational Academies Act.

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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Sections
52-3.66b, 10-19, 10-20.56, 13B-45, 13B-50.5, 29-6.3, and 34-18
6and by adding Section 10-19.05 as follows:
7    (105 ILCS 5/2-3.66b)
8    Sec. 2-3.66b. IHOPE Program.
9    (a) There is established the Illinois Hope and Opportunity
10Pathways through Education (IHOPE) Program. The State Board of
11Education shall implement and administer the IHOPE Program. The
12goal of the IHOPE Program is to develop a comprehensive system
13in this State to re-enroll significant numbers of high school
14dropouts in programs that will enable them to earn their high
15school diploma.
16    (b) The IHOPE Program shall award grants, subject to
17appropriation for this purpose, to educational service regions
18and a school district organized under Article 34 of this Code
19from appropriated funds to assist in establishing
20instructional programs and other services designed to
21re-enroll high school dropouts. From any funds appropriated for
22the IHOPE Program, the State Board of Education may use up to
235% for administrative costs, including the performance of a



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



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



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



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



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



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1as available.
2    (i) Rules must be developed by the State Board of Education
3to set forth the fund distribution process to regional offices
4of education and a school district organized under Article 34
5of this Code, the planning and the conditions upon which an
6IHOPE Plan would be approved by State Board, and other rules to
7develop the IHOPE Program.
8(Source: P.A. 100-465, eff. 8-31-17.)
9    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
10    Sec. 10-19. Length of school term - experimental programs.
11Each school board shall annually prepare a calendar for the
12school term, specifying the opening and closing dates and
13providing a minimum term of at least 185 days to insure 176
14days of actual pupil attendance, computable under Section
1510-19.01 18-8.05 or 18-8.15, except that for the 1980-1981
16school year only 175 days of actual pupil attendance shall be
17required because of the closing of schools pursuant to Section
1824-2 on January 29, 1981 upon the appointment by the President
19of that day as a day of thanksgiving for the freedom of the
20Americans who had been held hostage in Iran. Any days allowed
21by law for teachers' institutes but not used as such or used as
22parental institutes as provided in Section 10-22.18d shall
23increase the minimum term by the school days not so used.
24Except as provided in Section 10-19.1, the board may not extend
25the school term beyond such closing date unless that extension



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



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



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



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



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1parent-teacher conferences may be scheduled separately for
2different grade levels and different attendance centers of the
4    (e) A session of not less than one clock hour of teaching
5hospitalized or homebound pupils on-site or by telephone to the
6classroom may be counted as a half day of attendance; however,
7these pupils must receive 4 or more clock hours of instruction
8to be counted for a full day of attendance.
9    (f) A session of at least 4 clock hours may be counted as a
10day of attendance for first grade pupils and pupils in full-day
11kindergartens, and a session of 2 or more hours may be counted
12as a half day of attendance by pupils in kindergartens that
13provide only half days of attendance.
14    (g) For children with disabilities who are below the age of
156 years and who cannot attend 2 or more clock hours because of
16their disability or immaturity, a session of not less than one
17clock hour may be counted as a half day of attendance; however,
18for such children whose educational needs require a session of
194 or more clock hours, a session of at least 4 clock hours may
20be counted as a full day of attendance.
21    (h) A recognized kindergarten that provides for only a half
22day of attendance by each pupil shall not have more than one
23half day of attendance counted in any one day. However,
24kindergartens may count 2 and a half days of attendance in any
255 consecutive school days. When a pupil attends such a
26kindergarten for 2 half days on any one school day, the pupil



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1shall have the following day as a day absent from school,
2unless the school district obtains permission in writing from
3the State Superintendent of Education. Attendance at
4kindergartens that provide for a full day of attendance by each
5pupil shall be counted the same as attendance by first grade
6pupils. Only the first year of attendance in one kindergarten
7shall be counted, except in the case of children who entered
8the kindergarten in their fifth year whose educational
9development requires a second year of kindergarten as
10determined under rules of the State Board of Education.
11    (i) On the days when the State's final accountability
12assessment is administered under subsection (c) of Section
132-3.64a-5 of this Code, the day of attendance for a pupil whose
14school day must be shortened to accommodate required testing
15procedures may be less than 5 clock hours and shall be counted
16toward the 176 days of actual pupil attendance required under
17Section 10-19 of this Code, provided that a sufficient number
18of minutes of school work in excess of 5 clock hours are first
19completed on other school days to compensate for the loss of
20school work on the examination days.
21    (j) Pupils enrolled in a remote educational program
22established under Section 10-29 of this Code may be counted on
23the basis of a one-fifth day of attendance for every clock hour
24of instruction attended in the remote educational program,
25provided that, in any month, the school district may not claim
26for a student enrolled in a remote educational program more



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1days of attendance than the maximum number of days of
2attendance the district can claim (i) for students enrolled in
3a building holding year-round classes if the student is
4classified as participating in the remote educational program
5on a year-round schedule or (ii) for students enrolled in a
6building not holding year-round classes if the student is not
7classified as participating in the remote educational program
8on a year-round schedule.
9    (105 ILCS 5/10-20.56)
10    Sec. 10-20.56. E-learning days.
11    (a) The State Board of Education shall establish and
12maintain, for implementation in selected school districts a
13program for use of electronic-learning (e-learning) days, as
14described in this Section. The State Superintendent of
15Education shall select up to 3 school districts for this
16program, at least one of which may be an elementary or unit
17school district. On or before June 1, 2019, the State Board
18shall report its recommendation for expansion, revision, or
19discontinuation of the program to the Governor and General
21    (b) The school board of a school district selected by the
22State Superintendent of Education under subsection (a) of this
23Section may, by resolution, adopt a research-based program or
24research-based programs for e-learning days district-wide that
25shall permit student instruction to be received electronically



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1while students are not physically present in lieu of the
2district's scheduled emergency days as required by Section
310-19 of this Code. The research-based program or programs may
4not exceed the minimum number of emergency days in the approved
5school calendar and must be submitted to the State
6Superintendent for approval on or before September 1st annually
7to ensure access for all students. The State Superintendent
8shall approve programs that ensure that the specific needs of
9all students are met, including special education students and
10English learners, and that all mandates are still met using the
11proposed research-based program. The e-learning program may
12utilize the Internet, telephones, texts, chat rooms, or other
13similar means of electronic communication for instruction and
14interaction between teachers and students that meet the needs
15of all learners.
16    (c) Before its adoption by a school board, a school
17district's initial proposal for an e-learning program or for
18renewal of such a program must be approved by the State Board
19of Education and shall follow a public hearing, at a regular or
20special meeting of the school board, in which the terms of the
21proposal must be substantially presented and an opportunity for
22allowing public comments must be provided. Notice of such
23public hearing must be provided at least 10 days prior to the
24hearing by:
25        (1) publication in a newspaper of general circulation
26    in the school district;



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1        (2) written or electronic notice designed to reach the
2    parents or guardians of all students enrolled in the school
3    district; and
4        (3) written or electronic notice designed to reach any
5    exclusive collective bargaining representatives of school
6    district employees and all those employees not in a
7    collective bargaining unit.
8    (d) A proposal for an e-learning program must be timely
9approved by the State Board of Education if the requirements
10specified in this Section have been met and if, in the view of
11the State Board of Education, the proposal contains provisions
12designed to reasonably and practicably accomplish the
14        (1) to ensure and verify at least 5 clock hours of
15    instruction or school work, as required under Section
16    10-19.05, for each student participating in an e-learning
17    day;
18        (2) to ensure access from home or other appropriate
19    remote facility for all students participating, including
20    computers, the Internet, and other forms of electronic
21    communication that must be utilized in the proposed
22    program;
23        (3) to ensure appropriate learning opportunities for
24    students with special needs;
25        (4) to monitor and verify each student's electronic
26    participation;



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1        (5) to address the extent to which student
2    participation is within the student's control as to the
3    time, pace, and means of learning;
4        (6) to provide effective notice to students and their
5    parents or guardians of the use of particular days for
6    e-learning;
7        (7) to provide staff and students with adequate
8    training for e-learning days' participation;
9        (8) to ensure an opportunity for any collective
10    bargaining negotiations with representatives of the school
11    district's employees that would be legally required; and
12        (9) to review and revise the program as implemented to
13    address difficulties confronted.
14    The State Board of Education's approval of a school
15district's initial e-learning program and renewal of the
16e-learning program shall be for a term of 3 years.
17    (e) The State Board of Education may adopt rules governing
18its supervision and review of e-learning programs consistent
19with the provision of this Section. However, in the absence of
20such rules, school districts may submit proposals for State
21Board of Education consideration under the authority of this
23(Source: P.A. 99-194, eff. 7-30-15; 99-642, eff. 7-28-16;
24100-760, eff. 8-10-18.)
25    (105 ILCS 5/13B-45)



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1    Sec. 13B-45. Days and hours of attendance. An alternative
2learning opportunities program shall provide students with at
3least the minimum number of days of pupil attendance required
4under Section 10-19 of this Code and the minimum number of
5daily hours of school work required under Section 10-19.05
618-8.05 or 18-8.15 of this Code, provided that the State Board
7may approve exceptions to these requirements if the program
8meets all of the following conditions:
9        (1) The district plan submitted under Section
10    13B-25.15 of this Code establishes that a program providing
11    the required minimum number of days of attendance or daily
12    hours of school work would not serve the needs of the
13    program's students.
14        (2) Each day of attendance shall provide no fewer than
15    3 clock hours of school work, as defined under paragraph
16    (1) of subsection (F) of Section 10-19.05 18-8.05 of this
17    Code.
18        (3) Each day of attendance that provides fewer than 5
19    clock hours of school work shall also provide supplementary
20    services, including without limitation work-based
21    learning, student assistance programs, counseling, case
22    management, health and fitness programs, or life-skills or
23    conflict resolution training, in order to provide a total
24    daily program to the student of 5 clock hours. A program
25    may claim general State aid or evidence-based funding for
26    up to 2 hours of the time each day that a student is



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1    receiving supplementary services.
2        (4) Each program shall provide no fewer than 174 days
3    of actual pupil attendance during the school term; however,
4    approved evening programs that meet the requirements of
5    Section 13B-45 of this Code may offer less than 174 days of
6    actual pupil attendance during the school term.
7(Source: P.A. 100-465, eff. 8-31-17.)
8    (105 ILCS 5/13B-50.5)
9    Sec. 13B-50.5. Conditions of funding. If an alternative
10learning opportunities program provides less than the daily 5
11clock hours of school work required under Section 10-19.05
12daily, the program must meet guidelines established by the
13State Board and must provide supplementary services, including
14without limitation work-based learning, student assistance
15programs, counseling, case management, health and fitness
16programs, life skills, conflict resolution, or service
17learning, that are equal to the required attendance.
18(Source: P.A. 92-42, eff. 1-1-02.)
19    (105 ILCS 5/29-6.3)
20    Sec. 29-6.3. Transportation to and from specified
21interscholastic or school-sponsored activities.
22    (a) Any school district transporting students in grade 12
23or below for an interscholastic, interscholastic athletic, or
24school-sponsored, noncurriculum-related activity that (i) does



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1not require student participation as part of the educational
2services of the district and (ii) is not associated with the
3students' regular class-for-credit schedule or required 5
4clock hours of instruction under Section 10-19.05 shall
5transport the students only in a school bus, a vehicle
6manufactured to transport not more than 10 persons, including
7the driver, or a multifunction school-activity bus
8manufactured to transport not more than 15 persons, including
9the driver.
10    (a-5) A student in any of grades 9 through 12 may be
11transported in a multi-function school activity bus (MFSAB) as
12defined in Section 1-148.3a-5 of the Illinois Vehicle Code for
13any curriculum-related activity except for transportation on
14regular bus routes from home to school or from school to home,
15subject to the following conditions:
16        (i) A MFSAB may not be used to transport students under
17    this Section unless the driver holds a valid school bus
18    driver permit.
19        (ii) The use of a MFSAB under this Section is subject
20    to the requirements of Sections 6-106.11, 6-106.12,
21    12-707.01, 13-101, and 13-109 of the Illinois Vehicle Code.
22    (b) Any school district furnishing transportation for
23students under the authority of this Section shall insure
24against any loss or liability of the district resulting from
25the maintenance, operation, or use of the vehicle.
26    (c) Vehicles used to transport students under this Section



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1may claim a depreciation allowance of 20% over 5 years as
2provided in Section 29-5 of this Code.
3(Source: P.A. 96-410, eff. 7-1-10; 97-896, eff. 8-3-12.)
4    (105 ILCS 5/34-18)  (from Ch. 122, par. 34-18)
5    Sec. 34-18. Powers of the board. The board shall exercise
6general supervision and jurisdiction over the public education
7and the public school system of the city, and, except as
8otherwise provided by this Article, shall have power:
9        1. To make suitable provision for the establishment and
10    maintenance throughout the year or for such portion thereof
11    as it may direct, not less than 9 months and in compliance
12    with Section 10-19.05, of schools of all grades and kinds,
13    including normal schools, high schools, night schools,
14    schools for defectives and delinquents, parental and
15    truant schools, schools for the blind, the deaf and persons
16    with physical disabilities, schools or classes in manual
17    training, constructural and vocational teaching, domestic
18    arts and physical culture, vocation and extension schools
19    and lecture courses, and all other educational courses and
20    facilities, including establishing, equipping, maintaining
21    and operating playgrounds and recreational programs, when
22    such programs are conducted in, adjacent to, or connected
23    with any public school under the general supervision and
24    jurisdiction of the board; provided that the calendar for
25    the school term and any changes must be submitted to and



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



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



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



SB0028- 25 -LRB101 02854 AXK 47862 b

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



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



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



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



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



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



SB0028- 31 -LRB101 02854 AXK 47862 b

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



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



SB0028- 33 -LRB101 02854 AXK 47862 b

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



SB0028- 34 -LRB101 02854 AXK 47862 b

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



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



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



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



SB0028- 38 -LRB101 02854 AXK 47862 b

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



SB0028- 39 -LRB101 02854 AXK 47862 b

1expenditures and services. The board shall file a report of
2such review with the General Assembly on or before May 1, 1990.
3(Source: P.A. 99-143, eff. 7-27-15; 100-465, eff. 8-31-17;
4100-1046, eff. 8-23-18.)
5    Section 10. The Vocational Academies Act is amended by
6changing Section 10 as follows:
7    (105 ILCS 433/10)
8    Sec. 10. Establishment. A school district, in partnership
9with community colleges, local employers, and community-based
10organizations, may establish a vocational academy that is
11eligible for a grant under this Act if the vocational academy
12meets all of the following requirements:
13        (1) The vocational academy must have a minimum
14    5-clock-hour day, as required under Section 10-19.05 of the
15    School Code, and be under the direct supervision of
16    teachers.
17        (2) The vocational academy must be a 2-year school
18    within a school program for grades 10 through 12 that is
19    organized around a career theme and operated as a
20    business-education partnership.
21        (3) The vocational academy must be a career-oriented
22    program that uses the direct involvement of local employers
23    to provide students with an education and the skills needed
24    for employment.



SB0028- 40 -LRB101 02854 AXK 47862 b

1        (4) The vocational academy must be a standards-based
2    educational program that prepares students both
3    academically and technically for entrance into
4    postsecondary education or careers in a selected field.
5        (5) The curriculum of the vocational academy must be
6    based on the Illinois Learning Standards, and work-site
7    training must provide students with learning experiences
8    for entry-level employment in the local job market and
9    lifelong learning skills for higher education.
10(Source: P.A. 94-220, eff. 7-14-05.)