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


Sen. Jennifer Bertino-Tarrant

Filed: 3/4/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 28 by replacing
3everything after the enacting clause with the following:
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



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1appropriation for this purpose, to educational service regions
2and a school district organized under Article 34 of this Code
3from appropriated funds to assist in establishing
4instructional programs and other services designed to
5re-enroll high school dropouts. From any funds appropriated for
6the IHOPE Program, the State Board of Education may use up to
75% for administrative costs, including the performance of a
8program evaluation and the hiring of staff to implement and
9administer the program.
10    The IHOPE Program shall provide incentive grant funds for
11regional offices of education and a school district organized
12under Article 34 of this Code to develop partnerships with
13school districts, public community colleges, and community
14groups to build comprehensive plans to re-enroll high school
15dropouts in their regions or districts.
16    Programs funded through the IHOPE Program shall allow high
17school dropouts, up to and including age 21 notwithstanding
18Section 26-2 of this Code, to re-enroll in an educational
19program in conformance with rules adopted by the State Board of
20Education. Programs may include without limitation
21comprehensive year-round programming, evening school, summer
22school, community college courses, adult education, vocational
23training, work experience, programs to enhance self-concept,
24and parenting courses. Any student in the IHOPE Program who
25wishes to earn a high school diploma must meet the
26prerequisites to receiving a high school diploma specified in



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1Section 27-22 of this Code and any other graduation
2requirements of the student's district of residence. Any
3student who successfully completes the requirements for his or
4her graduation shall receive a diploma identifying the student
5as graduating from his or her district of residence.
6    (c) In order to be eligible for funding under the IHOPE
7Program, an interested regional office of education or a school
8district organized under Article 34 of this Code shall develop
9an IHOPE Plan to be approved by the State Board of Education.
10The State Board of Education shall develop rules for the IHOPE
11Program that shall set forth the requirements for the
12development of the IHOPE Plan. Each Plan shall involve school
13districts, public community colleges, and key community
14programs that work with high school dropouts located in an
15educational service region or the City of Chicago before the
16Plan is sent to the State Board for approval. No funds may be
17distributed to a regional office of education or a school
18district organized under Article 34 of this Code until the
19State Board has approved the Plan.
20    (d) A regional office of education or a school district
21organized under Article 34 of this Code may operate its own
22program funded by the IHOPE Program or enter into a contract
23with other not-for-profit entities, including school
24districts, public community colleges, and not-for-profit
25community-based organizations, to operate a program.
26    A regional office of education or a school district



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1organized under Article 34 of this Code that receives an IHOPE
2grant from the State Board of Education may provide funds under
3a sub-grant, as specified in the IHOPE Plan, to other
4not-for-profit entities to provide services according to the
5IHOPE Plan that was developed. These other entities may include
6school districts, public community colleges, or not-for-profit
7community-based organizations or a cooperative partnership
8among these entities.
9    (e) In order to distribute funding based upon the need to
10ensure delivery of programs that will have the greatest impact,
11IHOPE Program funding must be distributed based upon the
12proportion of dropouts in the educational service region or
13school district, in the case of a school district organized
14under Article 34 of this Code, to the total number of dropouts
15in this State. This formula shall employ the dropout data
16provided by school districts to the State Board of Education.
17    A regional office of education or a school district
18organized under Article 34 of this Code may claim State aid
19under Section 18-8.05 or 18-8.15 of this Code for students
20enrolled in a program funded by the IHOPE Program, provided
21that the State Board of Education has approved the IHOPE Plan
22and that these students are receiving services that are meeting
23the requirements of Section 27-22 of this Code for receipt of a
24high school diploma and are otherwise eligible to be claimed
25for general State aid under Section 18-8.05 of this Code or
26evidence-based funding under Section 18-8.15 of this Code,



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1including provisions related to the minimum number of days of
2pupil attendance pursuant to Section 10-19 of this Code and the
3minimum number of daily hours of school work required under
4Section 10-19.05 and any exceptions thereto as defined by the
5State Board of Education in rules.
6    (f) IHOPE categories of programming may include the
8        (1) Full-time programs that are comprehensive,
9    year-round programs.
10        (2) Part-time programs combining work and study
11    scheduled at various times that are flexible to the needs
12    of students.
13        (3) Online programs and courses in which students take
14    courses and complete on-site, supervised tests that
15    measure the student's mastery of a specific course needed
16    for graduation. Students may take courses online and earn
17    credit or students may prepare to take supervised tests for
18    specific courses for credit leading to receipt of a high
19    school diploma.
20        (4) Dual enrollment in which students attend high
21    school classes in combination with community college
22    classes or students attend community college classes while
23    simultaneously earning high school credit and eventually a
24    high school diploma.
25    (g) In order to have successful comprehensive programs
26re-enrolling and graduating low-skilled high school dropouts,



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1programs funded through the IHOPE Program shall include all of
2the following components:
3        (1) Small programs (70 to 100 students) at a separate
4    school site with a distinct identity. Programs may be
5    larger with specific need and justification, keeping in
6    mind that it is crucial to keep programs small to be
7    effective.
8        (2) Specific performance-based goals and outcomes and
9    measures of enrollment, attendance, skills, credits,
10    graduation, and the transition to college, training, and
11    employment.
12        (3) Strong, experienced leadership and teaching staff
13    who are provided with ongoing professional development.
14        (4) Voluntary enrollment.
15        (5) High standards for student learning, integrating
16    work experience, and education, including during the
17    school year and after school, and summer school programs
18    that link internships, work, and learning.
19        (6) Comprehensive programs providing extensive support
20    services.
21        (7) Small teams of students supported by full-time paid
22    mentors who work to retain and help those students
23    graduate.
24        (8) A comprehensive technology learning center with
25    Internet access and broad-based curriculum focusing on
26    academic and career subject areas.



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1        (9) Learning opportunities that incorporate action
2    into study.
3    (h) Programs funded through the IHOPE Program must report
4data to the State Board of Education as requested. This
5information shall include, but is not limited to, student
6enrollment figures, attendance information, course completion
7data, graduation information, and post-graduation information,
8as available.
9    (i) Rules must be developed by the State Board of Education
10to set forth the fund distribution process to regional offices
11of education and a school district organized under Article 34
12of this Code, the planning and the conditions upon which an
13IHOPE Plan would be approved by State Board, and other rules to
14develop the IHOPE Program.
15(Source: P.A. 100-465, eff. 8-31-17.)
16    (105 ILCS 5/10-19)  (from Ch. 122, par. 10-19)
17    Sec. 10-19. Length of school term - experimental programs.
18Each school board shall annually prepare a calendar for the
19school term, specifying the opening and closing dates and
20providing a minimum term of at least 185 days to insure 176
21days of actual pupil attendance, computable under Section
2210-19.05 18-8.05 or 18-8.15, except that for the 1980-1981
23school year only 175 days of actual pupil attendance shall be
24required because of the closing of schools pursuant to Section
2524-2 on January 29, 1981 upon the appointment by the President



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1of that day as a day of thanksgiving for the freedom of the
2Americans who had been held hostage in Iran. Any days allowed
3by law for teachers' institutes but not used as such or used as
4parental institutes as provided in Section 10-22.18d shall
5increase the minimum term by the school days not so used.
6Except as provided in Section 10-19.1, the board may not extend
7the school term beyond such closing date unless that extension
8of term is necessary to provide the minimum number of
9computable days. In case of such necessary extension school
10employees shall be paid for such additional time on the basis
11of their regular contracts. A school board may specify a
12closing date earlier than that set on the annual calendar when
13the schools of the district have provided the minimum number of
14computable days under this Section. Nothing in this Section
15prevents the board from employing superintendents of schools,
16principals and other nonteaching personnel for a period of 12
17months, or in the case of superintendents for a period in
18accordance with Section 10-23.8, or prevents the board from
19employing other personnel before or after the regular school
20term with payment of salary proportionate to that received for
21comparable work during the school term.
22    A school board may make such changes in its calendar for
23the school term as may be required by any changes in the legal
24school holidays prescribed in Section 24-2. A school board may
25make changes in its calendar for the school term as may be
26necessary to reflect the utilization of teachers' institute



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1days as parental institute days as provided in Section
3    The calendar for the school term and any changes must be
4submitted to and approved by the regional superintendent of
5schools before the calendar or changes may take effect.
6    With the prior approval of the State Board of Education and
7subject to review by the State Board of Education every 3
8years, any school board may, by resolution of its board and in
9agreement with affected exclusive collective bargaining
10agents, establish experimental educational programs, including
11but not limited to programs for e-learning days as authorized
12under Section 10-20.56 of this Code, self-directed learning, or
13outside of formal class periods, which programs when so
14approved shall be considered to comply with the requirements of
15this Section as respects numbers of days of actual pupil
16attendance and with the other requirements of this Act as
17respects courses of instruction.
18(Source: P.A. 99-194, eff. 7-30-15; 100-465, eff. 8-31-17.)
19    (105 ILCS 5/10-19.05 new)
20    Sec. 10-19.05. Daily pupil attendance calculation.
21    (a) Except as otherwise provided in this Section, for a
22pupil of legal school age and in kindergarten or any of grades
231 through 12, a day of attendance shall be counted only for
24sessions of not less than 5 clock hours of school work per day
25under direct supervision of (i) teachers or (ii) non-teaching



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1personnel or volunteer personnel when engaging in non-teaching
2duties and supervising in those instances specified in
3subsection (a) of Section 10-22.34 and paragraph 10 of Section
434-18. Days of attendance by pupils through verified
5participation in an e-learning program adopted by a school
6board and verified by the regional office of education or
7intermediate service center for the school district under
8Section 10-20.56 of this Code shall be considered as full days
9of attendance under this Section.
10    (b) A pupil regularly enrolled in a public school for only
11a part of the school day may be counted on the basis of
12one-sixth of a school day for every class hour of instruction
13of 40 minutes or more attended pursuant to such enrollment,
14unless a pupil is enrolled in a block-schedule format of 80
15minutes or more of instruction, in which case the pupil may be
16counted on the basis of the proportion of minutes of school
17work completed each day to the minimum number of minutes that
18school work is required to be held that day.
19    (c) A session of 4 or more clock hours may be counted as a
20day of attendance upon certification by the regional
21superintendent of schools and approval by the State
22Superintendent of Education to the extent that the district has
23been forced to use daily multiple sessions.
24    (d) A session of 3 or more clock hours may be counted as a
25day of attendance (1) when the remainder of the school day or
26at least 2 hours in the evening of that day is utilized for an



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1in-service training program for teachers, up to a maximum of 10
2days per school year, provided that a district conducts an
3in-service training program for teachers in accordance with
4Section 10-22.39 of this Code, or, in lieu of 4 such days, 2
5full days may be used, in which event each such day may be
6counted as a day required for a legal school calendar pursuant
7to Section 10-19 of this Code; (2) when, of the 5 days allowed
8under item (1), a maximum of 4 days are used for parent-teacher
9conferences, or, in lieu of 4 such days, 2 full days are used,
10in which case each such day may be counted as a calendar day
11required under Section 10-19 of this Code, provided that the
12full-day, parent-teacher conference consists of (i) a minimum
13of 5 clock hours of parent-teacher conferences, (ii) both a
14minimum of 2 clock hours of parent-teacher conferences held in
15the evening following a full day of student attendance and a
16minimum of 3 clock hours of parent-teacher conferences held on
17the day immediately following evening parent-teacher
18conferences, or (iii) multiple parent-teacher conferences held
19in the evenings following full days of student attendance in
20which the time used for the parent-teacher conferences is
21equivalent to a minimum of 5 clock hours; and (3) when days in
22addition to those provided in items (1) and (2) are scheduled
23by a school pursuant to its school improvement plan adopted
24under Article 34 or its revised or amended school improvement
25plan adopted under Article 2, provided that (i) such sessions
26of 3 or more clock hours are scheduled to occur at regular



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1intervals, (ii) the remainder of the school days in which such
2sessions occur are utilized for in-service training programs or
3other staff development activities for teachers, and (iii) a
4sufficient number of minutes of school work under the direct
5supervision of teachers are added to the school days between
6such regularly scheduled sessions to accumulate not less than
7the number of minutes by which such sessions of 3 or more clock
8hours fall short of 5 clock hours. Days scheduled for
9in-service training programs, staff development activities, or
10parent-teacher conferences may be scheduled separately for
11different grade levels and different attendance centers of the
13    (e) A session of not less than one clock hour of teaching
14hospitalized or homebound pupils on-site or by telephone to the
15classroom may be counted as a half day of attendance; however,
16these pupils must receive 4 or more clock hours of instruction
17to be counted for a full day of attendance.
18    (f) A session of at least 4 clock hours may be counted as a
19day of attendance for first grade pupils and pupils in full-day
20kindergartens, and a session of 2 or more hours may be counted
21as a half day of attendance by pupils in kindergartens that
22provide only half days of attendance.
23    (g) For children with disabilities who are below the age of
246 years and who cannot attend 2 or more clock hours because of
25their disability or immaturity, a session of not less than one
26clock hour may be counted as a half day of attendance; however,



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1for such children whose educational needs require a session of
24 or more clock hours, a session of at least 4 clock hours may
3be counted as a full day of attendance.
4    (h) A recognized kindergarten that provides for only a half
5day of attendance by each pupil shall not have more than one
6half day of attendance counted in any one day. However,
7kindergartens may count 2 and a half days of attendance in any
85 consecutive school days. When a pupil attends such a
9kindergarten for 2 half days on any one school day, the pupil
10shall have the following day as a day absent from school,
11unless the school district obtains permission in writing from
12the State Superintendent of Education. Attendance at
13kindergartens that provide for a full day of attendance by each
14pupil shall be counted the same as attendance by first grade
15pupils. Only the first year of attendance in one kindergarten
16shall be counted, except in the case of children who entered
17the kindergarten in their fifth year whose educational
18development requires a second year of kindergarten as
19determined under rules of the State Board of Education.
20    (i) On the days when the State's final accountability
21assessment is administered under subsection (c) of Section
222-3.64a-5 of this Code, the day of attendance for a pupil whose
23school day must be shortened to accommodate required testing
24procedures may be less than 5 clock hours and shall be counted
25toward the 176 days of actual pupil attendance required under
26Section 10-19 of this Code, provided that a sufficient number



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1of minutes of school work in excess of 5 clock hours are first
2completed on other school days to compensate for the loss of
3school work on the examination days.
4    (j) Pupils enrolled in a remote educational program
5established under Section 10-29 of this Code may be counted on
6the basis of a one-fifth day of attendance for every clock hour
7of instruction attended in the remote educational program,
8provided that, in any month, the school district may not claim
9for a student enrolled in a remote educational program more
10days of attendance than the maximum number of days of
11attendance the district can claim (i) for students enrolled in
12a building holding year-round classes if the student is
13classified as participating in the remote educational program
14on a year-round schedule or (ii) for students enrolled in a
15building not holding year-round classes if the student is not
16classified as participating in the remote educational program
17on a year-round schedule.
18    (k) Pupil participation in any of the following activities
19shall be counted toward the calculation of clock hours of
20school work per day:
21        (1) Instruction in a college course in which a student
22    is dually enrolled for both high school credit and college
23    credit.
24        (2) Participation in a Supervised Career Development
25    Experience, as defined in Section 10 of the Postsecondary
26    and Workforce Readiness Act, in which student



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1    participation and learning outcomes are supervised by an
2    educator licensed under Article 21B.
3        (3) Participation in a youth apprenticeship, as
4    jointly defined in rules of the State Board of Education
5    and Department of Commerce and Economic Opportunity, in
6    which student participation and outcomes are supervised by
7    an educator licensed under Article 21B.
8        (4) Participation in a blended learning program
9    approved by the school district in which course content,
10    student evaluation, and instructional methods are
11    supervised by an educator licensed under Article 21B.
12    (105 ILCS 5/10-20.56)
13    Sec. 10-20.56. E-learning days.
14    (a) The State Board of Education shall establish and
15maintain, for implementation in selected school districts, a
16program for use of electronic-learning (e-learning) days, as
17described in this Section. The State Superintendent of
18Education shall select up to 3 school districts for this
19program, at least one of which may be an elementary or unit
20school district. On or before June 1, 2019, the State Board
21shall report its recommendation for expansion, revision, or
22discontinuation of the program to the Governor and General
24    (b) The school board of a school district selected by the
25State Superintendent of Education under subsection (a) of this



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1Section may, by resolution, adopt a research-based program or
2research-based programs for e-learning days district-wide that
3shall permit student instruction to be received electronically
4while students are not physically present in lieu of the
5district's scheduled emergency days as required by Section
610-19 of this Code. The research-based program or programs may
7not exceed the minimum number of emergency days in the approved
8school calendar and must be verified by the regional office of
9education or intermediate service center for the school
10district submitted to the State Superintendent for approval on
11or before September 1st annually to ensure access for all
12students. The regional office of education or intermediate
13service center State Superintendent shall approve programs
14that ensure that the specific needs of all students are met,
15including special education students and English learners, and
16that all mandates are still met using the proposed
17research-based program. The e-learning program may utilize the
18Internet, telephones, texts, chat rooms, or other similar means
19of electronic communication for instruction and interaction
20between teachers and students that meet the needs of all
21learners. The e-learning program shall address the school
22district's responsibility to ensure that all teachers and staff
23who may be involved in the provision of e-learning have access
24to any and all hardware and software that may be required for
25the program. If a proposed program does not address this
26responsibility, the school district must propose an alternate



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2    (c) Before its adoption by a school board, the school board
3must hold a public hearing on a school district's initial
4proposal for an e-learning program or for renewal of such a
5program must be approved by the State Board of Education and
6shall follow a public hearing, at a regular or special meeting
7of the school board, in which the terms of the proposal must be
8substantially presented and an opportunity for allowing public
9comments must be provided. Notice of such public hearing must
10be provided at least 10 days prior to the hearing by:
11        (1) publication in a newspaper of general circulation
12    in the school district;
13        (2) written or electronic notice designed to reach the
14    parents or guardians of all students enrolled in the school
15    district; and
16        (3) written or electronic notice designed to reach any
17    exclusive collective bargaining representatives of school
18    district employees and all those employees not in a
19    collective bargaining unit.
20    (d) The regional office of education or intermediate
21service center for the school district must timely verify that
22a A proposal for an e-learning program has met must be timely
23approved by the State Board of Education if the requirements
24specified in this Section and that have been met and if, in the
25view of the State Board of Education, the proposal contains
26provisions designed to reasonably and practicably accomplish



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1the following:
2        (1) to ensure and verify at least 5 clock hours of
3    instruction or school work, as required under Section
4    10-19.05, for each student participating in an e-learning
5    day;
6        (2) to ensure access from home or other appropriate
7    remote facility for all students participating, including
8    computers, the Internet, and other forms of electronic
9    communication that must be utilized in the proposed
10    program;
11        (2.5) to ensure that non-electronic materials are made
12    available to students participating in the program who do
13    not have access to the required technology or to
14    participating teachers or students who are prevented from
15    accessing the required technology;
16        (3) to ensure appropriate learning opportunities for
17    students with special needs;
18        (4) to monitor and verify each student's electronic
19    participation;
20        (5) to address the extent to which student
21    participation is within the student's control as to the
22    time, pace, and means of learning;
23        (6) to provide effective notice to students and their
24    parents or guardians of the use of particular days for
25    e-learning;
26        (7) to provide staff and students with adequate



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1    training for e-learning days' participation;
2        (8) to ensure an opportunity for any collective
3    bargaining negotiations with representatives of the school
4    district's employees that would be legally required,
5    including all classifications of school district employees
6    who are represented by collective bargaining agreements
7    and who would be affected in the event of an e-learning
8    day; and
9        (9) to review and revise the program as implemented to
10    address difficulties confronted; and .
11        (10) to ensure that the protocol regarding general
12    expectations and responsibilities of the program is
13    communicated to teachers, staff, and students at least 30
14    days prior to utilizing an e-learning day.
15    The school board's State Board of Education's approval of a
16school district's initial e-learning program and renewal of the
17e-learning program shall be for a term of 3 years.
18    (e) The State Board of Education may adopt rules governing
19its supervision and review of e-learning programs consistent
20with the provision of this Section. However, in the absence of
21such rules, school districts may submit proposals for State
22Board of Education consideration under the authority of this
24(Source: P.A. 99-194, eff. 7-30-15; 99-642, eff. 7-28-16;
25100-760, eff. 8-10-18.)



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1    (105 ILCS 5/13B-45)
2    Sec. 13B-45. Days and hours of attendance. An alternative
3learning opportunities program shall provide students with at
4least the minimum number of days of pupil attendance required
5under Section 10-19 of this Code and the minimum number of
6daily hours of school work required under Section 10-19.05
718-8.05 or 18-8.15 of this Code, provided that the State Board
8may approve exceptions to these requirements if the program
9meets all of the following conditions:
10        (1) The district plan submitted under Section
11    13B-25.15 of this Code establishes that a program providing
12    the required minimum number of days of attendance or daily
13    hours of school work would not serve the needs of the
14    program's students.
15        (2) Each day of attendance shall provide no fewer than
16    3 clock hours of school work, as defined under paragraph
17    (1) of subsection (F) of Section 10-19.05 18-8.05 of this
18    Code.
19        (3) Each day of attendance that provides fewer than 5
20    clock hours of school work shall also provide supplementary
21    services, including without limitation work-based
22    learning, student assistance programs, counseling, case
23    management, health and fitness programs, or life-skills or
24    conflict resolution training, in order to provide a total
25    daily program to the student of 5 clock hours. A program
26    may claim general State aid or evidence-based funding for



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



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



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



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1    the school term and any changes must be submitted to and
2    approved by the State Board of Education before the
3    calendar or changes may take effect, and provided that in
4    allocating funds from year to year for the operation of all
5    attendance centers within the district, the board shall
6    ensure that supplemental general State aid or supplemental
7    grant funds are allocated and applied in accordance with
8    Section 18-8, 18-8.05, or 18-8.15. To admit to such schools
9    without charge foreign exchange students who are
10    participants in an organized exchange student program
11    which is authorized by the board. The board shall permit
12    all students to enroll in apprenticeship programs in trade
13    schools operated by the board, whether those programs are
14    union-sponsored or not. No student shall be refused
15    admission into or be excluded from any course of
16    instruction offered in the common schools by reason of that
17    student's sex. No student shall be denied equal access to
18    physical education and interscholastic athletic programs
19    supported from school district funds or denied
20    participation in comparable physical education and
21    athletic programs solely by reason of the student's sex.
22    Equal access to programs supported from school district
23    funds and comparable programs will be defined in rules
24    promulgated by the State Board of Education in consultation
25    with the Illinois High School Association. Notwithstanding
26    any other provision of this Article, neither the board of



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1    education nor any local school council or other school
2    official shall recommend that children with disabilities
3    be placed into regular education classrooms unless those
4    children with disabilities are provided with supplementary
5    services to assist them so that they benefit from the
6    regular classroom instruction and are included on the
7    teacher's regular education class register;
8        2. To furnish lunches to pupils, to make a reasonable
9    charge therefor, and to use school funds for the payment of
10    such expenses as the board may determine are necessary in
11    conducting the school lunch program;
12        3. To co-operate with the circuit court;
13        4. To make arrangements with the public or quasi-public
14    libraries and museums for the use of their facilities by
15    teachers and pupils of the public schools;
16        5. To employ dentists and prescribe their duties for
17    the purpose of treating the pupils in the schools, but
18    accepting such treatment shall be optional with parents or
19    guardians;
20        6. To grant the use of assembly halls and classrooms
21    when not otherwise needed, including light, heat, and
22    attendants, for free public lectures, concerts, and other
23    educational and social interests, free of charge, under
24    such provisions and control as the principal of the
25    affected attendance center may prescribe;
26        7. To apportion the pupils to the several schools;



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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1review or to direct independent reviews of special education
2expenditures and services. The board shall file a report of
3such review with the General Assembly on or before May 1, 1990.
4(Source: P.A. 99-143, eff. 7-27-15; 100-465, eff. 8-31-17;
5100-1046, eff. 8-23-18.)
6    Section 10. The Vocational Academies Act is amended by
7changing Section 10 as follows:
8    (105 ILCS 433/10)
9    Sec. 10. Establishment. A school district, in partnership
10with community colleges, local employers, and community-based
11organizations, may establish a vocational academy that is
12eligible for a grant under this Act if the vocational academy
13meets all of the following requirements:
14        (1) The vocational academy must have a minimum
15    5-clock-hour day, as required under Section 10-19.05 of the
16    School Code, and be under the direct supervision of
17    teachers.
18        (2) The vocational academy must be a 2-year school
19    within a school program for grades 10 through 12 that is
20    organized around a career theme and operated as a
21    business-education partnership.
22        (3) The vocational academy must be a career-oriented
23    program that uses the direct involvement of local employers
24    to provide students with an education and the skills needed



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1    for employment.
2        (4) The vocational academy must be a standards-based
3    educational program that prepares students both
4    academically and technically for entrance into
5    postsecondary education or careers in a selected field.
6        (5) The curriculum of the vocational academy must be
7    based on the Illinois Learning Standards, and work-site
8    training must provide students with learning experiences
9    for entry-level employment in the local job market and
10    lifelong learning skills for higher education.
11(Source: P.A. 94-220, eff. 7-14-05.)
12    Section 99. Effective date. This Act takes effect July 1,