(105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
Sec. 10-23.5. Educational support personnel employees. (a) To employ such
educational support personnel employees as it deems advisable and to define
their employment duties; provided that residency within any school district
shall not be considered in determining the employment or the compensation of
any such employee, or whether to retain, promote, assign or transfer such
employee. If an educational support personnel employee is removed or dismissed
or the hours he or she works are reduced as a result of a decision of the school board (i) to decrease the number of
educational support personnel employees employed by the board or (ii) to discontinue
some particular type of educational support service, written notice shall be
mailed to the employee and also given to the employee either by certified mail,
return receipt requested, or personal delivery with receipt, at least 30 days before the employee is removed or dismissed or the hours he or she works are reduced, together with a statement of honorable dismissal and the reason
therefor if applicable. However, if a reduction in hours is due to an unforeseen reduction in the student population, then the written notice must be mailed and given to the employee at least 5 days before the hours are reduced. The employee with the shorter length of continuing service with the
district, within the respective category of position, shall be dismissed first
unless an alternative method of determining the sequence of dismissal is
established in a collective bargaining agreement or contract between the
board and any exclusive bargaining agent and except that this provision shall
not impair the operation of any affirmative action program in the district,
regardless of whether it exists by operation of law or is conducted on a
voluntary basis by the board. If the board has any vacancies for the following
school term or within one calendar year from the beginning of the following
school term, the positions thereby becoming available within a specific
category of position shall be tendered to the employees so removed or dismissed
from that category or any other category of position, so far as they are qualified to hold such
positions. Each board shall, in consultation with any exclusive employee
representative or bargaining agent, each year establish a list, categorized
by positions, showing the length of continuing service of each full time
educational support personnel employee who is qualified to hold any such
positions, unless an alternative method of determining a sequence of dismissal
is established as
provided for in this Section, in which case a list shall be made in
accordance with the alternative method. Copies of the list shall be
distributed to the exclusive employee representative or bargaining agent on
or before February 1 of each year. If an educational support personnel employee is removed or dismissed as a result of a decision of the board to decrease the number of educational support personnel employed by the board or to discontinue some particular type of educational support service and he or she accepts the tender of a vacancy within one calendar year from the beginning of the following school term, then that employee shall maintain any rights accrued during his or her previous service with the school district. Where an educational support personnel
employee is dismissed by the board as a result of a
decrease in the number of employees or the discontinuance of the employee's
job, the employee shall be paid all earned compensation on or before the
next regular pay date following his or her last day of employment.
The provisions of this amendatory Act of 1986 relating to residency
within any school district shall not apply to cities having a population
exceeding 500,000 inhabitants.
(b) In the case of a new school district or districts formed in accordance with Article 11E of this Code, a school district or districts that annex all of the territory of one or more entire other school districts in accordance with Article 7 of this Code, a school district receiving students from a deactivated school facility in accordance with Section 10-22.22b of this Code, or a special education cooperative that dissolves or reorganizes in accordance with Section 10-22.31 of this Code, the employment of educational support personnel in the new, annexing, or receiving school district immediately following the reorganization shall be governed by this subsection (b). Lists of the educational support personnel employed in the individual districts or special education cooperative for the school year immediately prior to the effective date of the new district or districts, annexation, deactivation, dissolution, or reorganization shall be combined for the districts forming the new district or districts, for the annexed and annexing districts, for the deactivating and receiving districts, or for the dissolving or reorganizing special education cooperative, as the case may be. The combined list shall be categorized by positions, showing the length of continuing service of each full-time educational support personnel employee who is qualified to hold any such position. If there are more full-time educational support personnel employees on the combined list than there are available positions in the new, annexing, or receiving school district, then the employing school board shall first remove or dismiss those educational support personnel employees with the shorter length of continuing service within the respective category of position, following the procedures outlined in subsection (a) of this Section. In the case of a special education cooperative that dissolves or reorganizes, the districts that are parties to the joint agreement shall follow the procedures outlined in subsection (a) of this Section. The employment and position of each educational support personnel employee on the combined list not so removed or dismissed shall be transferred to the new, annexing, or receiving school board, and the new, annexing, or receiving school board is subject to this Code with respect to any educational support personnel employee so transferred as if the educational support personnel employee had been the new, annexing, or receiving board's employee during the time the educational support personnel employee was actually employed by the school board of the district from which the employment and position were transferred. The changes made by Public Act 95-148
shall not apply to the formation of a new district or districts in accordance with Article 11E of this Code, the annexation of one or more entire districts in accordance with Article 7 of this Code, or the deactivation of a school facility in accordance with Section 10-22.22b of this Code effective on or before July 1, 2007.
(Source: P.A. 101-46, eff. 7-12-19; 102-854, eff. 5-13-22.)
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(105 ILCS 5/10-23.13) Sec. 10-23.13. Policies addressing sexual abuse. (a) In this Section: "Evidence-informed" refers to modalities that were created utilizing components of evidence-based treatments or curriculums. "Grooming" means conduct prohibited under Section 11-25 of the Criminal Code of 2012. (b) To adopt and implement, by no later than July 1, 2022, a policy addressing sexual abuse of children that shall include an age-appropriate and evidence-informed curriculum for students in pre-K through 12th grade; evidence-informed training for school personnel on child sexual abuse; evidence-informed educational information to parents or guardians provided in the school handbook on the warning signs of a child being abused, along with any needed assistance, referral, or resource information; available counseling and resources for students affected by sexual abuse; and emotional and educational support for a child to continue to be successful in school. A school district shall include in its policy and all training materials and instruction a definition of prohibited grooming behaviors and boundary violations for school personnel and how to report these behaviors. Any policy adopted under this Section shall address without limitation: (1) methods for increasing school personnel, |
| student, and parent awareness of issues regarding sexual abuse of children, including awareness and knowledge of likely warning signs indicating that a child may be a victim of sexual abuse, awareness and knowledge of grooming behaviors and how to report those behaviors, awareness of appropriate relationships between school personnel and students based on State law, and how to prevent child abuse from happening, including, but not limited to, methods outlined in State law regarding personal health and safety education for students;
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(1.5) evidence-informed training for school personnel
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| on preventing, recognizing, reporting, and responding to child sexual abuse and grooming behavior, including when the grooming or abuse is committed by a member of the school community, with a discussion of the criminal statutes addressing sexual conduct between school personnel and students, professional conduct, and reporting requirements, including, but not limited to, training as outlined in Section 10-22.39 and Section 3-11;
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(2) options that a student who is a victim of sexual
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| abuse has to obtain assistance and intervention;
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(3) available counseling options for students
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| affected by sexual abuse;
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(4) methods for educating school personnel, students,
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| and staff on how to report child abuse to law enforcement authorities and to the Department of Children and Family Services and how to report grooming behaviors, including when the grooming or abuse is committed by a member of the school community; and
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(5) education and information about children's
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| advocacy centers and sexual assault crisis centers and information about how to access a children's advocacy center or sexual assault crisis center serving the district.
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(c) A school district must provide training for school personnel on child sexual abuse as described in paragraph (1.5) of subsection (b) no later than January 31 of each year.
(d) This Section may be referred to as Erin's Law.
(Source: P.A. 102-610, eff. 8-27-21.)
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(105 ILCS 5/10-29) Sec. 10-29. Remote educational programs. (a) For purposes of this Section, "remote educational program" means an educational program delivered to students in the home or other location outside of a school building that meets all of the following criteria: (1) A student may participate in the program only |
| after the school district, pursuant to adopted school board policy, and a person authorized to enroll the student under Section 10-20.12b of this Code determine that a remote educational program will best serve the student's individual learning needs. The adopted school board policy shall include, but not be limited to, all of the following:
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(A) Criteria for determining that a remote
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| educational program will best serve a student's individual learning needs. The criteria must include consideration of, at a minimum, a student's prior attendance, disciplinary record, and academic history.
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(B) Any limitations on the number of students or
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| grade levels that may participate in a remote educational program.
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(C) A description of the process that the school
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| district will use to approve participation in the remote educational program. The process must include without limitation a requirement that, for any student who qualifies to receive services pursuant to the federal Individuals with Disabilities Education Improvement Act of 2004, the student's participation in a remote educational program receive prior approval from the student's individualized education program team.
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(D) A description of the process the school
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| district will use to develop and approve a written remote educational plan that meets the requirements of subdivision (5) of this subsection (a).
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(E) A description of the system the school
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| district will establish to determine student participation in instruction in accordance with the remote educational program.
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(F) A description of the process for renewing a
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| remote educational program at the expiration of its term.
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(G) Such other terms and provisions as the
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| school district deems necessary to provide for the establishment and delivery of a remote educational program.
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(2) The school district has determined that the
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| remote educational program's curriculum is aligned to State learning standards and that the program offers instruction and educational experiences consistent with those given to students at the same grade level in the district.
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(3) The remote educational program is delivered by
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| instructors that meet the following qualifications:
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(A) they are licensed under Article 21B of this
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(B) (blank); and
(C) they have responsibility for all of the
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| following elements of the program: planning instruction, diagnosing learning needs, prescribing content delivery through class activities, assessing learning, reporting outcomes to administrators and parents and guardians, and evaluating the effects of instruction.
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(4) During the period of time from and including the
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| opening date to the closing date of the regular school term of the school district established pursuant to Section 10-19 of this Code, participation in a remote educational program may be claimed for evidence-based funding purposes under Section 18-8.15 of this Code on any calendar day, notwithstanding whether the day is a day of pupil attendance or institute day on the school district's calendar or any other provision of law restricting instruction on that day. If the district holds year-round classes in some buildings, the district shall classify each student's participation in a remote educational program as either on a year-round or a non-year-round schedule for purposes of claiming evidence-based funding. Outside of the regular school term of the district, the remote educational program may be offered as part of any summer school program authorized by this Code.
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(5) Each student participating in a remote
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| educational program must have a written remote educational plan that has been approved by the school district and a person authorized to enroll the student under Section 10-20.12b of this Code. The school district and a person authorized to enroll the student under Section 10-20.12b of this Code must approve any amendment to a remote educational plan. The remote educational plan must include, but is not limited to, all of the following:
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(A) Specific achievement goals for the student
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| aligned to State learning standards.
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(B) A description of all assessments that will be
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| used to measure student progress, which description shall indicate the assessments that will be administered at an attendance center within the school district.
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(C) A description of the progress reports that
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| will be provided to the school district and the person or persons authorized to enroll the student under Section 10-20.12b of this Code.
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(D) Expectations, processes, and schedules for
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| interaction between a teacher and student.
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(E) A description of the specific
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| responsibilities of the student's family and the school district with respect to equipment, materials, phone and Internet service, and any other requirements applicable to the home or other location outside of a school building necessary for the delivery of the remote educational program.
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(F) If applicable, a description of how the
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| remote educational program will be delivered in a manner consistent with the student's individualized education program required by Section 614(d) of the federal Individuals with Disabilities Education Improvement Act of 2004 or plan to ensure compliance with Section 504 of the federal Rehabilitation Act of 1973.
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(G) A description of the procedures and
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| opportunities for participation in academic and extracurricular activities and programs within the school district.
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(H) The identification of a parent, guardian, or
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| other responsible adult who will provide direct supervision of the program. The plan must include an acknowledgment by the parent, guardian, or other responsible adult that he or she may engage only in non-teaching duties not requiring instructional judgment or the evaluation of a student. The plan shall designate the parent, guardian, or other responsible adult as non-teaching personnel or volunteer personnel under subsection (a) of Section 10-22.34 of this Code.
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(I) The identification of a school district
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| administrator who will oversee the remote educational program on behalf of the school district and who may be contacted by the student's parents with respect to any issues or concerns with the program.
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(J) The term of the student's participation in
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| the remote educational program, which may not extend for longer than 12 months, unless the term is renewed by the district in accordance with subdivision (7) of this subsection (a).
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(K) A description of the specific location or
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| locations in which the program will be delivered. If the remote educational program is to be delivered to a student in any location other than the student's home, the plan must include a written determination by the school district that the location will provide a learning environment appropriate for the delivery of the program. The location or locations in which the program will be delivered shall be deemed a long distance teaching reception area under subsection (a) of Section 10-22.34 of this Code.
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(L) Certification by the school district that the
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| plan meets all other requirements of this Section.
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(6) Students participating in a remote educational
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| program must be enrolled in a school district attendance center pursuant to the school district's enrollment policy or policies. A student participating in a remote educational program must be tested as part of all assessments administered by the school district pursuant to Section 2-3.64a-5 of this Code at the attendance center in which the student is enrolled and in accordance with the attendance center's assessment policies and schedule. The student must be included within all accountability determinations for the school district and attendance center under State and federal law.
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(7) The term of a student's participation in a
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| remote educational program may not extend for longer than 12 months, unless the term is renewed by the school district. The district may only renew a student's participation in a remote educational program following an evaluation of the student's progress in the program, a determination that the student's continuation in the program will best serve the student's individual learning needs, and an amendment to the student's written remote educational plan addressing any changes for the upcoming term of the program.
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For purposes of this Section, a remote educational program does not include instruction delivered to students through an e-learning program approved under Section 10-20.56 of this Code.
(b) A school district may, by resolution of its school board, establish a remote educational program.
(c) (Blank).
(d) The impact of remote educational programs on wages, hours, and terms and conditions of employment of educational employees within the school district shall be subject to local collective bargaining agreements.
(e) The use of a home or other location outside of a school building for a remote educational program shall not cause the home or other location to be deemed a public school facility.
(f) A remote educational program may be used, but is not required, for instruction delivered to a student in the home or other location outside of a school building that is not claimed for evidence-based funding purposes under Section 18-8.15 of this Code.
(g) School districts that, pursuant to this Section, adopt a policy for a remote educational program must submit to the State Board of Education a copy of the policy and any amendments thereto, as well as data on student participation in a format specified by the State Board of Education. The State Board of Education may perform or contract with an outside entity to perform an evaluation of remote educational programs in this State.
(h) The State Board of Education may adopt any rules necessary to ensure compliance by remote educational programs with the requirements of this Section and other applicable legal requirements.
(Source: P.A. 101-81, eff. 7-12-19; 102-894, eff. 5-20-22.)
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