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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/34-8.8
(105 ILCS 5/34-8.8)
Sec. 34-8.8.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.9
(105 ILCS 5/34-8.9)
Sec. 34-8.9.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.10
(105 ILCS 5/34-8.10)
Sec. 34-8.10.
Applications for Learning Zone designation.
The board shall
evaluate applications from attendance centers within
Chicago. Applications shall be in the form prescribed by the board. The
board shall, upon majority vote, grant Learning Zone
designations that, in
its judgment, satisfy the goals and requirements of this Law. The board
shall establish policies and procedures necessary to implement this Law.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.11
(105 ILCS 5/34-8.11)
Sec. 34-8.11.
Evaluation criteria.
In determining whether to grant
Learning Zone designation, the board shall consider the
following factors:
(1) The extent to which the application demonstrates that improved student
learning will be the paramount priority and outcome;
(2) Proposed adoption of high, rigorous standards of achievement and outcome
for all students and staff;
(3) Proposed use of shared, collegial decision-making;
(4) Creative, flexible, and innovative proposed restructuring of the
applicant attendance centers to create student-centered learning environments;
(5) Parental and community integration and involvement;
(6) Development of collaborative relationships with health and human
services agencies;
(7) Ability to function on a localized, decentralized basis within the
Chicago public school system;
(8) Appropriateness of budget and resource allocations, including those
functions to be assumed and those to remain centralized;
(9) Impact of the statutes, regulations, rules, and policies for which
waivers are sought; and
(10) Such other factors, not confined to the foregoing, that are fiscally
sound and reasonably determinative of successful student outcome.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.12
(105 ILCS 5/34-8.12)
Sec. 34-8.12.
Attendance center support.
Applications for Learning Zone
designation must include evidence that the application is supported by the
principal of the attendance center and by a majority vote of the Local School
Council and attendance center staff. Applications shall include that
evidence for each participating attendance center.
(Source: P.A. 89-3, eff. 2-27-95.)
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105 ILCS 5/34-8.13
(105 ILCS 5/34-8.13)
Sec. 34-8.13.
Learning Zone designation principles.
In performing its
duties under this Law, the board shall be guided by the
following
additional principles:
(1) Learning Zone designations should be effective for an initial period of
no less than 3 and no more than 6 years;
(2) Learning Zone designations should encompass clusters of
attendance
centers through joint application from secondary and feeder elementary
schools or in other reasonably related clusters;
(3) Learning Zone designations should encompass, in the aggregate,
approximately 10% of the students enrolled in attendance centers within
Chicago;
(4) Learning Zone designations should, in the aggregate, be reflective
of
the racial and ethnic diversity and demography of students enrolled in
attendance centers within Chicago;
(5) Learning Zone designations should be fully operational commencing with
the 1996-97 school year; and
(6) Learning Zone designation renewals, revisions, and applications for
additional waivers of statutes, regulations, rules, and policies should be
evaluated in light of the goals of this Law.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.14
(105 ILCS 5/34-8.14)
Sec. 34-8.14. Non-waivable provisions. Notwithstanding anything in this Code to
the contrary, statutes, regulations, rules, and policy provisions concerning
the following shall not be waivable:
(1) student civil rights;
(2) staff civil rights;
(3) health and safety;
(4) performance and financial audits;
(5) Local School Council provisions, including | | required statements of economic disclosure;
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(6) the Open Meetings Act;
(7) the Freedom of Information Act;
(8) the assessments required under Section 2-3.64a-5
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(9) Chicago learning outcomes;
(10) Sections 2-3.25a through 2-3.25j of this Code;
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(11) collective bargaining agreements.
(Source: P.A. 98-972, eff. 8-15-14.)
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105 ILCS 5/34-8.15
(105 ILCS 5/34-8.15)
Sec. 34-8.15.
Reports.
The board shall
file reports
describing statutory waivers encompassed in the Learning Zone designations it
grants under Section 34-8.10 with
the House of Representatives, the Senate, and the Secretary of State before
October 1, 1995 and thereafter before each May 1 and October 1. The provisions
in the report or as amended by the General Assembly shall take effect as
provided by law.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.16
(105 ILCS 5/34-8.16)
Sec. 34-8.16.
Disapproval or amendment of reports.
The General Assembly
may disapprove the report of the board in whole, or amend it
within 30
calendar days after each house of the legislature next convenes after the
report
is filed, by adoption of a resolution by a record vote of the majority of the
members elected in each house directed to the board. The
resolution shall
be binding upon the board. Reports shall become effective
if the General
Assembly fails to disapprove or amend the report within the 30 day period.
For the initial report that the board is required to file
before October
1, 1995, the General Assembly may, by January 1, 1996, disapprove the report
of the board in whole or amend it, after the report is
filed, by the
adoption of a resolution by a record vote of the majority of the members. The
initial report shall become effective if the General Assembly fails to
disapprove or amend the report by January 1, 1996.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.17
(105 ILCS 5/34-8.17)
Sec. 34-8.17. Lump-sum allocation; key centralized functions. Final
designation as a Learning Zone under this Law shall entitle the participating
attendance centers to receive funds in lump-sum allocations, to budget and
spend those funds, and to operate in accordance with the designation and this
Law. Lump-sum allocations shall be based on the number of enrolled regular
and special needs students and shall include all operating funds for
compensation, supplies, equipment, repairs, energy, maintenance,
transportation,
and
professional services, and all special funds that follow special populations,
including desegregation, special education, bilingual, federal, and State
Chapter 1 funds. A sum equal to 3.2% of operating funds shall be deducted by
the board to provide key centralized functions,
unless a
designated Learning Zone obtains one or more of those functions elsewhere, in
which case the sum shall be appropriately adjusted. As used
in this Law, key centralized functions shall mean:
(1) Equity assurance staff to ensure that services | | are maintained for students with disabilities, English learners, low-income students, and any other special need students as required by federal law;
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(2) Payroll services and background and credential
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(3) Budget and treasury services to levy and collect
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(4) Central computer systems providing information
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(5) On-line data collection and analysis centers for
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(6) Emergency pool funding; and
(7) Legal and labor departmental services for
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(Source: P.A. 99-30, eff. 7-10-15.)
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105 ILCS 5/34-8.18
(105 ILCS 5/34-8.18)
Sec. 34-8.18.
The board shall revoke Learning Zone
designation and
the attendance center or centers involved shall return to their prior status
upon a finding of:
(1) A material violation of conditions, standards, or | | procedures established in the designation or this Law;
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(2) Failure to meet or make reasonable progress
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(3) Failure to meet generally accepted standards of
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(4) Conditions jeopardizing the health or safety of
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Technical assistance designed to resolve items (1) through (4) may, in the
discretion of the board, be provided to attendance centers
prior to or in
lieu of revocation of Learning Zone designations.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.19
(105 ILCS 5/34-8.19)
Sec. 34-8.19.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-9
(105 ILCS 5/34-9) (from Ch. 122, par. 34-9)
Sec. 34-9.
Report
and estimates.
On or before December 1, 1972, on or before December 1, 1973, on or
before August 1, 1974 and on or before August 1 of each fiscal year
thereafter, the general superintendent of schools shall submit to the board
a report containing:
1. A separate balance sheet for each fund under the | | control of the board, showing, by classes, the estimated current assets and liabilities thereof as of the beginning of the next fiscal year and the amounts of such assets available for appropriation in such year, either for expenditures or charges to be made or incurred during such year or for liabilities unpaid at the beginning thereof. Estimates of taxes to be received from prior levies shall be net, after deducting amounts sufficient to cover the loss and cost of collecting taxes and also deferred collections thereof and abatements in the amount of taxes extended or to be extended upon the collectors' books. Estimates of the liabilities of the respective funds shall include (a) all final judgments, and accrued interest thereon, entered against the board and unpaid at the beginning of such next fiscal year, (b) the principal of all general obligation notes or anticipation tax warrants and all temporary loans and all accrued interest thereon unpaid at the beginning of such next fiscal year, (c) any amount for which the board is required to reimburse the working cash fund from the educational purposes fund pursuant to the provisions of Sections 34-30 to 34-36 inclusive, and (d) estimates of all accounts payable including estimates of audited vouchers, participation certificates, interfund loans and purchase orders payable.
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2. Detailed estimates, by funds, of all taxes to be
| | levied for the next fiscal year and of all other current revenues to be derived from other sources, which will be applicable to expenditures or charges to be made or incurred during such year. In estimating taxes to be levied for any purpose, except for the payment of bonded indebtedness or interest thereon and except for pension fund or working cash fund purposes, the general superintendent of schools shall be governed by the limitations in Sections 34-43 to 34-52, inclusive.
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3. Estimates, by funds, of the amounts necessary for
| | the board to appropriate for expenditures or charges to be made or incurred during the next succeeding fiscal year, including estimates of the interest to accrue during such year upon general obligation notes or anticipation tax warrants and temporary loans. Such estimates shall be so classified as to show the different objects and purposes for which expenditures or charges are to be made or incurred and the amount required for each object or purpose.
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4. Such other information concerning the financial
| | affairs of the board as the board may prescribe.
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(Source: P.A. 77-2734 .)
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105 ILCS 5/34-10
(105 ILCS 5/34-10) (from Ch. 122, par. 34-10)
Sec. 34-10.
Revised report-Amendments-Excessive appropriations.
Within the first 15 days of each fiscal year the general superintendent
of schools may submit to the board a revised report on all matters
specified in Section 34-9, upon the basis of information then available,
and may submit amendments to such report at any time prior to the passage
of the annual school budget. He shall also submit to the board, whenever
requested by it, any additional or supplemental information he may have
concerning matters upon which he is required to report. He shall, within 10
days after the first regular meeting of the board occurring not less than 7
days after the adoption of the school budget, report to the board the
extent to which and in what respects, if any, the appropriations contained
in such budget in his judgment exceed the appropriations which the board is
by law authorized to make.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/34-11
(105 ILCS 5/34-11) (from Ch. 122, par. 34-11)
Sec. 34-11.
Duties of general counsel; assistants.
The board by a majority vote of its full membership shall appoint a general
counsel who shall have charge and control, subject to the approval of the
board, of the law department and of all litigation, legal questions and
such other legal matters as may be referred to the department by the board
or by the general superintendent of schools. Appointments, promotions and
discharge of assistant attorneys shall be made by a majority of the board
upon recommendation of the attorney or by a majority vote of the full
membership of the board. The general counsel shall hold this
office for an
indefinite term subject to removal by a majority vote of the full
membership of the board. In this Article, "attorney"
means general
counsel.
(Source: P.A. 91-622, eff. 8-19-99.)
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105 ILCS 5/34-12
(105 ILCS 5/34-12) (from Ch. 122, par. 34-12)
Sec. 34-12.
Participation in meetings by superintendent and attorney.
The general superintendent of schools and the general counsel may be present at
all meetings of the board and shall have a right to take part in its
discussions and deliberations, but shall have no vote.
(Source: P.A. 91-622, eff. 8-19-99.)
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105 ILCS 5/34-13
(105 ILCS 5/34-13) (from Ch. 122, par. 34-13)
Sec. 34-13.
Appointment, removal or suspension of attorney and
assistants. The appointment and removal of the general superintendent of
schools, heads of general departments now in existence or hereafter
established, the general counsel, and all assistant attorneys
shall not be subject
to the civil service law. The heads of general departments now in existence
or hereafter established may be removed by a majority vote of the full
membership of the board upon the recommendation of the general
superintendent of schools or by a majority vote of the full membership
of the board.
(Source: P.A. 91-622, eff. 8-19-99.)
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105 ILCS 5/34-13.1
(105 ILCS 5/34-13.1)
Sec. 34-13.1. Inspector General.
(a) The Inspector General and his office in existence on the effective date
of this amendatory Act of 1995 shall be transferred to the jurisdiction of the
board upon appointment of the Chicago School Reform Board of Trustees. The
Inspector General shall have the authority
to conduct investigations into allegations of or incidents of waste, fraud, and
financial mismanagement in public education within the jurisdiction of the
board by a local school council
member or an
employee, contractor, or member of the board or involving
school projects
managed or handled by the Public Building Commission. The Inspector General
shall make recommendations to the board about the
investigations.
The Inspector General in office on the effective date of this amendatory Act
of 1996 shall serve for a term expiring on June 30, 1998. His or her
successors in office shall each be appointed by the Mayor, without the consent
or approval of the City Council, for 4 year terms expiring on June 30th of an
even numbered year; however, beginning January 15, 2025, successors shall be appointed by the board instead of the Mayor.
If the Inspector General leaves office or if a vacancy in that office otherwise occurs, the
Mayor shall appoint, without the consent or
approval of the City Council, a successor to serve under this Section for the
remainder of the unexpired term; however, beginning January 15, 2027, successors shall be appointed by the board instead of the Mayor. The
Inspector General shall be independent of the operations of the board and
the School Finance Authority, and shall perform other duties requested by the
board.
(b) The Inspector General shall have access to all
information and personnel necessary to perform the duties of the
office. If the Inspector General determines that a possible
criminal act has been committed or that special expertise is
required in the investigation, he or she shall immediately notify
the Chicago Police Department and the Cook County State's
Attorney. All investigations conducted by the Inspector General
shall be conducted in a manner that ensures the preservation of
evidence for use in criminal prosecutions.
(c) At all times the Inspector General shall be granted
access to any building or facility that is owned, operated, or
leased by the board, the Public Building Commission, or the
city in trust
and for the use and benefit of the schools of the district.
(d) The Inspector General shall have the power to subpoena
witnesses and compel the production of books and papers pertinent
to an investigation authorized by this Code. Any person who (1)
fails to appear in response to a subpoena; (2) fails to answer
any question; (3) fails to produce any books or papers pertinent
to an investigation under this Code; or (4) knowingly gives
false testimony during an investigation under this Code, is
guilty of a Class A misdemeanor.
(e) The Inspector General shall provide to the board and
the Illinois General Assembly a summary of reports and
investigations made under this Section for the previous fiscal
year no later than January 1 of each year, except that the Inspector General
shall provide the summary of reports and investigations made under this Section
for the period commencing July 1, 1998 and ending April 30, 1999 no later than
May 1, 1999. The summaries shall detail the final disposition of those
recommendations. The summaries shall not contain any confidential or
identifying information concerning the subjects of the reports and
investigations. The summaries shall also include detailed recommended
administrative actions and matters for consideration by the General Assembly.
(f) (Blank).
(g) (Blank).
(Source: P.A. 102-177, eff. 6-1-22 .)
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105 ILCS 5/34-14
(105 ILCS 5/34-14) (from Ch. 122, par. 34-14)
Sec. 34-14.
Section 34-15 Not limited by Sections 34-6 To 34-13.
Nothing contained in Sections 34-6, 34-7, 34-8, 34-9, 34-10, 34-11, 34-12, or
34-13 of this Act shall in any wise be construed to limit
the scope, effect and applicability of Section 34-15 of this Act.
(Source: Laws 1961, p. 31 .)
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105 ILCS 5/34-15
(105 ILCS 5/34-15) (from Ch. 122, par. 34-15)
Sec. 34-15.
Other officers and employees.
The board may appoint, or provide
for the appointment
of, such other officers and employees as it deems necessary.
(Source: P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-15a
(105 ILCS 5/34-15a) (from Ch. 122, par. 34-15a)
Sec. 34-15a.
Active military service.
Any certificated or
non-certificated employee of the Board of Education who is a member of any
reserve component of the United States Armed Services, including the Illinois
National Guard, and who is mobilized to active military duty on or after August
1, 1990,
shall
for each pay period beginning on or after August 1, 1990 continue to receive
the same regular compensation that he receives or was receiving as an employee
of the Board of Education at the time he is or was so mobilized to active
military duty, plus any health insurance and other benefits he is or was
receiving or accruing at that time, minus the amount of his base pay for
military service, for the duration of his active military service.
Such active military duty shall not result in the loss or diminishment of
any employment benefit, service credit, or status accrued at the time the
duty commenced if the duty commenced on or after September 1, 2001.
In the event any provision of a collective bargaining agreement or any
board of education or district policy covering any employee so ordered to
active duty is more generous than the provisions contained in this Section, the
collective bargaining agreement or board of education or district policy shall
be controlling.
(Source: P.A. 92-660, eff. 7-16-02.)
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105 ILCS 5/34-16
(105 ILCS 5/34-16) (from Ch. 122, par. 34-16)
Sec. 34-16.
Powers of board respecting officers and employees.
The board shall, subject to the limitations in this Article, prescribe
the duties, compensation and terms of office of its officers and the
duties, compensation and terms of employment of its employees and determine
which of its officers and employees shall give bond, on what conditions,
and in what amount.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/34-17
(105 ILCS 5/34-17) (from Ch. 122, par. 34-17)
Sec. 34-17.
Powers not exercised by city council.
No power vested in the board or in any of its officers, agents or
employees shall be exercised by the city council.
(Source: Laws 1961, p. 31.)
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