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Illinois Compiled Statutes
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SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/34-3.3
(105 ILCS 5/34-3.3)
Sec. 34-3.3.
Chicago School Reform Board of Trustees; powers and duties;
chief operating, fiscal, educational, and purchasing officers. The General
Assembly finds that an education crisis exists in the Chicago Public Schools
and that a 5-member Chicago School Reform Board of Trustees shall be
established for a 4 year period to bring educational and financial
stability to the system. The Trustees and their chief executive officer are
empowered and directed to:
(i) increase the quality of educational services in the Chicago Public Schools;
(ii) reduce the cost of non-educational services and implement cost-saving
measures including the privatization of services where deemed appropriate;
(iii) develop a long-term
financial plan that to the maximum extent possible reflects a balanced budget
for each year; (iv) streamline and strengthen the management of the system,
including a responsible school-based budgeting process, in order to refocus
resources on student achievement; (v) ensure ongoing academic improvement in
schools through the establishment of an Academic Accountability Council and a
strong school improvement and recognition process; (vi) enact policies and
procedures that ensure the system runs in an ethical as well as efficient
manner; (vii) establish within 60 days after the effective date of this
amendatory Act of 1995, develop, and implement a process for the selection of a
local school council advisory board for the Trustees in which those individuals
active on Local School Councils serve an advisory role to the Trustees; (viii)
establish any organizational structures, including regional offices, that it
deems necessary to ensure the efficient and effective operation of the system;
and (ix) provide for such other local school council advisory bodies as the
Trustees deem appropriate to function in an advisory capacity to any other
organizations or offices established by the Trustees under clause (viii) of
this Section.
(a) Unless otherwise provided in this Article, the Trustees shall have all
powers and duties exercised and performed by the Chicago Board
of Education at the time the terms of its members are abolished as provided in
subsection (a) of Section 34-3.
(b) The Mayor shall appoint a chief executive officer who shall be a person
of recognized administrative ability
and management experience, who shall be responsible for the management of
the system, and who shall have all
other powers and duties of the general superintendent as set forth in this
Article 34. The chief executive officer shall make recommendations to the
Trustees with respect to contracts, policies, and procedures.
(c) The chief executive officer shall appoint, with the approval of the
Trustees, a chief operating officer, a chief fiscal officer, a chief
educational officer, and a chief purchasing officer to serve until June
30, 1999. These officers shall be assigned duties and responsibilities
by the chief executive officer. The chief operating officer, the chief fiscal
officer, the chief educational officer, and the chief purchasing officer may be
granted authority to hire a specific number of employees to assist in meeting
immediate responsibilities. The chief executive officer may remove any
officer, subject to the approval of the Trustees. Conditions of employment for
such personnel shall not be subject to the provisions of Section 34-85.
(d) Upon the expiration on June 30, 1999 of the terms of office of the
chief executive, operating, fiscal, educational, and purchasing officers
appointed under this Section and the appointment of a new Chicago Board of
Education under subsection (b) of Section 34-3, the board may retain,
reorganize, or abolish any or all of those offices and appoint qualified
successors to fill any of those offices that it does not abolish.
(e) The Trustees shall report to the State Superintendent of Education
with respect to its performance, the nature of the reforms which it has
instituted, the effect those reforms have had in the operation of the central
administrative office and in the performance of pupils, staff, and members of
the
local school councils at the several attendance centers within the district,
and such other matters as the Trustees deem necessary to help assure
continuing improvement in the public school system of the district. The
reports shall be public documents and shall be made annually, beginning with
the school year that commences in 1995 and concluding in the school year
beginning in 1999.
(Source: P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-3.4
(105 ILCS 5/34-3.4)
Sec. 34-3.4.
(Repealed).
(Source: P.A. 91-622, eff. 8-19-99. Repealed internally, eff. 6-30-04.)
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105 ILCS 5/34-3.5
(105 ILCS 5/34-3.5)
Sec. 34-3.5. (Repealed).
(Source: P.A. 93-3, eff. 4-16-03. Repealed by P.A. 100-1046, eff. 8-23-18.)
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105 ILCS 5/34-4 (105 ILCS 5/34-4) (from Ch. 122, par. 34-4) Sec. 34-4. Eligibility. To be eligible for election or appointment to the Board, a person shall be a citizen of the United States, shall be a registered voter as provided in the Election Code, shall have been, for a period of one year immediately before election or appointment, a resident of the city, district, and subdistrict that the member represents, and shall not be a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012. A person is ineligible for election or appointment to the Board if that person is not in compliance with the provisions of Section 10-9 as referenced in Section 34-3. For the 2024 general election, all persons eligible for election to the Board shall be nominated by a petition signed by at least 1,000 but not more than 3,000 of the voters residing within the electoral district on a petition in order to be placed on the ballot. For the 2026 general election and general elections thereafter, persons eligible for election to the Board shall be nominated by a petition signed by at least 500 but no more than 1,500 voters residing within the subdistrict on a petition in order to be placed on the ballot, except that persons eligible for election to the Board at large shall be nominated by a petition signed by no less than 2,500 voters residing within the city. Any registered voter may sign a nominating petition, irrespective of any partisan petition the voter signs or may sign. For the 2024 general election only, the petition circulation period shall begin on March 26, 2024, and the filing period shall be from June 17, 2024 to June 24, 2024. Permanent removal from the city by any member of the Board during the member's term of office constitutes a resignation therefrom and creates a vacancy in the Board. Board members shall serve without any compensation; however, members of the Board shall be reimbursed for expenses incurred while in the performance of their duties upon submission of proper receipts or upon submission of a signed voucher in the case of an expense allowance evidencing the amount of such reimbursement or allowance to the President of the Board for verification and approval. Board members shall not hold other public office under the Federal, State or any local government other than that of Director of the Regional Transportation Authority, member of the economic development commission of a city having a population exceeding 500,000, notary public or member of the National Guard, and by accepting any such office while members of the Board, or by not resigning any such office held at the time of being elected or appointed to the Board within 30 days after such election or appointment, shall be deemed to have vacated their membership in the Board. (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; 103-584, eff. 3-18-24.) |
105 ILCS 5/34-4.1 (105 ILCS 5/34-4.1) Sec. 34-4.1. Nomination petitions. In addition to the requirements of the general election law, the form of petitions under Section 34-4 of this Code shall be substantially as follows: NOMINATING PETITIONS (LEAVE OUT THE INAPPLICABLE PART.) To the Board of Election Commissioners for the City of Chicago: We the undersigned, being (.... or more) of the voters residing within said district, hereby petition that .... who resides at .... in the City of Chicago shall be a candidate for the office of .... of the Chicago Board of Education (full term) (vacancy) to be voted for at the election to be held on (insert date). Name: .................. Address: ................... In the designation of the name of a candidate on a petition for nomination, the candidate's given name or names, initial or initials, a nickname by which the candidate is commonly known, or a combination thereof may be used in addition to the candidate's surname. If a candidate has changed his or her name, whether by a statutory or common law procedure in Illinois or any other jurisdiction, within 3 years before the last day for filing the petition, then (i) the candidate's name on the petition must be followed by "formerly known as (list all prior names during the 3-year period) until name changed on (list date of each such name change)" and (ii) the petition must be accompanied by the candidate's affidavit stating the candidate's previous names during the period specified in clause (i) and the date or dates each of those names was changed; failure to meet these requirements shall be grounds for denying certification of the candidate's name for the ballot, but these requirements do not apply to name changes to conform a candidate's name to the candidate's identity or name changes resulting from adoption to assume an adoptive parent's or parents' surname, marriage or civil union to assume a spouse's surname, or dissolution of marriage or civil union or declaration of invalidity of marriage to assume a former surname. No other designation, such as a political slogan, as defined by Section 7-17 of the Election Code, title or degree, or nickname suggesting or implying possession of a title, degree or professional status, or similar information may be used in connection with the candidate's surname. All petitions for the nomination of members of the Chicago Board of Education shall be filed with the board of election commissioners of the jurisdiction in which the principal office of the school district is located within the time provided for by Article 7 of the Election Code, except that petitions for the nomination of members of the Chicago Board of Education for the 2024 general election shall be prepared and certified as outlined in Article 10 of the Election Code. The board of election commissioners shall receive and file only those petitions that include a statement of candidacy, the required number of voter signatures, the notarized signature of the petition circulator, and a receipt from the county clerk showing that the candidate has filed a statement of economic interest on or before the last day to file as required by the Illinois Governmental Ethics Act. The board of election commissioners may have petition forms available for issuance to potential candidates and may give notice of the petition filing period by publication in a newspaper of general circulation within the school district not less than 10 days prior to the first day of filing. The board of election commissioners shall make certification to the proper election authorities in accordance with the general election law. The board of election commissioners of the jurisdiction in which the principal office of the school district is located shall notify the candidates for whom a petition for nomination is filed or the appropriate committee of the obligations under the Campaign Financing Act as provided in the general election law. Such notice shall be given on a form prescribed by the State Board of Elections and in accordance with the requirements of the general election law. The board of election commissioners shall within 7 days of filing or on the last day for filing, whichever is earlier, acknowledge to the petitioner in writing the office's acceptance of the petition. A candidate for membership on the Chicago Board of Education who has petitioned for nomination to fill a full term and to fill a vacant term to be voted upon at the same election must withdraw his or her petition for nomination from either the full term or the vacant term by written declaration. Nomination petitions are not valid unless the candidate named therein files with the board of election commissioners a receipt from the county clerk showing that the candidate has filed a statement of economic interests as required by the Illinois Governmental Ethics Act. Such receipt shall be so filed either previously during the calendar year in which his or her nomination papers were filed or within the period for the filing of nomination papers in accordance with the general election law. (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; 103-467, eff. 8-4-23; 103-584, eff. 3-18-24.) |
105 ILCS 5/34-4.5
(105 ILCS 5/34-4.5)
Sec. 34-4.5. Chronic truants.
(a) Socio-emotional focused attendance intervention. The chief executive officer or the chief executive officer's designee shall implement a socio-emotional focused attendance approach that targets the underlying causes of chronic truancy. For each pupil identified as a chronic truant, as defined in Section 26-2a of this Code, the board may establish an individualized student attendance plan to identify and resolve the underlying cause of the pupil's chronic truancy.
(b) Notices. Prior to the implementation of any truancy intervention services pursuant to subsection (d) of this Section, the
principal of
the school attended by the pupil or the principal's designee shall notify the
pupil's parent or guardian by personal visit, letter, or telephone of each
unexcused absence of the pupil. After giving the parent or guardian notice of
the tenth unexcused absence of the pupil, the principal or the principal's
designee shall send the pupil's parent or guardian a letter, by certified mail,
return receipt requested, notifying the parent or guardian that he or she is
subjecting himself or herself to truancy intervention services as provided under
subsection (d) of this Section.
(c) (Blank).
(d) Truancy intervention services. The chief executive officer or the chief executive officer's designee may require the pupil or the pupil's
parent or guardian or both the pupil and the pupil's parent or guardian to do
any or all of the following: complete a parenting education program;
obtain counseling or other supportive services; and comply with an
individualized
educational plan or service plan as provided by appropriate school officials.
If the parent or guardian of the chronic truant shows that he or she
took reasonable steps to ensure attendance of the pupil at school, he or she
shall not be required to perform services.
(e) Non-compliance with services. Notwithstanding any other provision of law to the contrary, if a pupil determined by the chief executive officer or the chief executive officer's designee to be a chronic truant or the parent or guardian of the pupil fails to fully participate in the services offered
under subsection (d)
of this Section, the chief executive officer or the chief executive officer's designee may refer the
matter to the Department of Human Services, the Department of Healthcare and Family Services, or any other applicable organization or State agency for socio-emotional based intervention and prevention services. Additionally, if the circumstances regarding a pupil identified as a chronic truant reasonably indicate that the pupil may be subject to abuse or neglect, apart from truancy, the chief executive officer or the chief executive officer's designee must report any findings that support suspected abuse or neglect to the Department of Children and Family Services pursuant to the Abused and Neglected Child Reporting Act. A State agency that receives a referral may enter into a data sharing agreement with the school district to share applicable student referral and case data. A State agency that receives a referral from the school district shall implement an intake process that may include a consent form that allows the agency to share information with the school district.
(f) Limitation on applicability. Nothing in this Section shall be construed
to apply to a parent or guardian of a pupil not required to attend a public
school pursuant to Section 26-1.
(Source: P.A. 102-456, eff. 1-1-22; 102-813, eff. 5-13-22.)
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105 ILCS 5/34-5
(105 ILCS 5/34-5) (from Ch. 122, par. 34-5)
Sec. 34-5.
(Repealed).
(Source: Repealed by P.A. 89-15, eff. 5-30-95.)
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105 ILCS 5/34-6
(105 ILCS 5/34-6) (from Ch. 122, par. 34-6)
Sec. 34-6. Superintendent of schools. After June 30, 1999, the board
may, by a vote of a majority of its full membership, appoint a
general superintendent of schools to serve pursuant to a performance-based
contract for a term ending on June 30th of the third calendar year after
his or her appointment. He shall be the chief administrative officer of
the board and shall have charge and
control, subject to the approval of the board and to other
provisions of this Article, of all departments and the
employees therein of public schools, except the law department. He shall
negotiate contracts with all
labor organizations which are exclusive representatives of educational
employees employed under the
Illinois Educational Labor Relations Act. All contracts shall be subject to
approval of the Board of Education. The board may conduct a
national
search for a general superintendent. An incumbent general superintendent
may not be precluded from being included in such national search.
Persons appointed pursuant to this Section shall be exempt from the
provisions and requirements of Sections 21-1a, 21-7.1, and 21B-15 of this Code.
(Source: P.A. 97-607, eff. 8-26-11.)
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105 ILCS 5/34-6.1
(105 ILCS 5/34-6.1) (from Ch. 122, par. 34-6.1)
Sec. 34-6.1.
The president or general superintendent shall report any
requests made of the district under provisions of The Freedom of
Information Act and shall report the status of the district's response.
(Source: P.A. 85-942.)
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105 ILCS 5/34-7
(105 ILCS 5/34-7) (from Ch. 122, par. 34-7)
Sec. 34-7.
Establishment of departments.
The board of education shall establish such general departments as it
may deem necessary or appropriate and determine the duties and functions of
each. The heads of such departments shall be appointed by the general
superintendent of schools subject to the approval of a majority of the full
membership of the board. Nothing contained in this Section shall apply to
the law department.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/34-8 (105 ILCS 5/34-8) (from Ch. 122, par. 34-8) Sec. 34-8. Powers and duties of general superintendent. The general superintendent of schools shall prescribe and control,
subject to the approval of the board and to other provisions of this
Article, the courses of study mandated by State law, textbooks,
educational apparatus and equipment, discipline in and conduct of the
schools, and shall perform such other duties as the board may by rule
prescribe. The superintendent shall also notify the State Board of
Education, the board and the chief administrative official, other than the
alleged perpetrator himself, in the school where the alleged perpetrator
serves, that any person who is employed in a school or otherwise comes into
frequent contact with children in the school has been named as a
perpetrator in an indicated report filed pursuant to the Abused and
Neglected Child Reporting Act, approved June 26, 1975, as amended. The general superintendent may be granted the authority by the board
to hire a specific number of employees to assist in meeting immediate
responsibilities. Conditions of employment for such personnel shall not be
subject to the provisions of Section 34-85. The general superintendent may, pursuant to a delegation of authority by
the board and Section 34-18, approve contracts and expenditures. Pursuant to other provisions of this Article, sites shall be selected,
schoolhouses located thereon and plans therefor approved, and textbooks
and educational apparatus and equipment shall be adopted and purchased
by the board only upon the recommendation of the general superintendent
of schools or by a majority vote of the full membership of the board
and, in the case of textbooks, subject to Article 28 of this Act. The
board may furnish free textbooks to pupils and may publish its own
textbooks and manufacture its own apparatus, equipment and supplies. In addition, in January of each year,
the general
superintendent of schools shall report to the State Board of Education the number of high school students
in the district who are enrolled in accredited courses (for which high
school credit will be awarded upon successful completion of the courses) at
any community college, together with the name and number of the course or
courses which each such student is taking. The general superintendent shall also have the authority to monitor the
performance of attendance centers, to identify and place an attendance
center on remediation and probation, and to recommend to the board that the
attendance center be placed on intervention and be reconstituted, subject to
the provisions of Sections 34-8.3 and 8.4. The general superintendent, or his or her designee, shall
conduct an annual evaluation of each principal in the district
pursuant to guidelines promulgated by the Board and the Board approved
principal evaluation form. The evaluation
shall be based on factors, including the following:
(i) student academic improvement, as defined by the
school improvement plan; (ii) student absenteeism rates at the school;
(iii) instructional leadership;
(iv) effective implementation of programs, policies, or strategies to
improve student academic achievement; (v) school management;
and (vi) other factors, including, without limitation, the principal's
communication skills and ability to create and maintain a
student-centered learning environment, to develop
opportunities for professional development, and to encourage parental
involvement and community partnerships to achieve school improvement. Effective no later than September 1, 2012, the general superintendent or his or her designee shall develop a written principal evaluation plan. The evaluation plan must be in writing and shall supersede the evaluation requirements set forth in this Section. The evaluation plan must do at least all of the following: (1) Provide for annual evaluation of all principals | | employed under a performance contract by the general superintendent or his or her designee, no later than July 1st of each year.
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| (2) Consider the principal's specific duties,
| | responsibilities, management, and competence as a principal.
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| (3) Specify the principal's strengths and weaknesses,
| | (4) Align with research-based standards.
(5) Use data and indicators on student growth as a
| | significant factor in rating principal performance.
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| (Source: P.A. 95-496, eff. 8-28-07; 96-861, eff. 1-15-10.)
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105 ILCS 5/34-8.05 (105 ILCS 5/34-8.05) Sec. 34-8.05. Reporting firearms in schools. On or after January 1, 1997, upon receipt of any written, electronic, or verbal report from any school personnel regarding a verified incident involving a firearm in a school or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students or school personnel, the general superintendent or his or her designee shall report all such firearm-related incidents occurring in a school or on school property to the local law enforcement authorities no later than 24 hours after the occurrence of the incident. The general superintendent or the general superintendent's designee shall report any written, electronic, or verbal report of a verified incident involving a firearm to the State Board of Education through existing school incident reporting systems as they occur during the year by no later than July 31 for the previous school year. The State Board of Education shall report the data and make it available to the public via its website. The local law enforcement authority shall, by March 1 of each year, report the required data from the previous year to the Illinois State Police's Illinois Uniform Crime Reporting Program, which shall be included in its annual Crime in Illinois report. As used in this Section, the term "firearm" shall have the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act. (Source: P.A. 102-538, eff. 8-20-21; 103-780, eff. 8-2-24.) |
105 ILCS 5/34-8.1
(105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
Sec. 34-8.1. Principals. Principals shall be employed to supervise the
operation of each attendance center. Their powers and duties shall include
but not be limited to the authority (i) to
direct, supervise, evaluate, and suspend with or without pay or otherwise
discipline all teachers, assistant principals, and other employees assigned to
the attendance center in accordance with board rules and policies and (ii) to
direct
all other persons assigned to the
attendance center pursuant to a contract with a third party to provide services
to the school system. The right to employ, discharge, and layoff shall be
vested solely with the board, provided that decisions to
discharge or suspend
nonlicensed employees, including disciplinary layoffs, and the
termination of licensed employees from employment pursuant to a layoff
or reassignment policy are subject to review under the grievance resolution
procedure adopted pursuant to subsection (c) of Section 10 of the Illinois
Educational Labor Relations Act. The grievance resolution procedure
adopted by the board shall provide for final and binding arbitration, and,
notwithstanding any other provision of law to the contrary, the
arbitrator's decision may include all make-whole relief, including without
limitation reinstatement. The principal shall fill positions by
appointment as provided in this Section and may make recommendations to the
board regarding the employment, discharge, or layoff of any individual. The
authority of the principal shall include the
authority to direct the hours during which the attendance center
shall be open and available for use provided the use complies with board rules
and policies, to determine when and what operations shall be conducted within
those hours, and to schedule staff within those hours. Under the direction of, and subject to the authority
of the principal, the Engineer In Charge shall
be accountable for the safe, economical operation of the plant and grounds
and shall also be responsible for orientation, training,
and supervising the work of Engineers,
Trainees, school maintenance assistants, custodial workers and other plant
operation employees under his or her direction.
There shall be established by the board a system of semi-annual
evaluations conducted by the principal as to performance of the engineer in charge. Nothing
in this Section shall prevent the principal from conducting additional
evaluations. An overall
numerical rating shall be given by the principal based on the evaluation
conducted by the principal. An unsatisfactory numerical rating shall result in
disciplinary
action, which may include, without limitation and in the judgment of the
principal, loss of
promotion
or bidding procedure, reprimand, suspension with or without pay, or
recommended dismissal. The board shall establish
procedures for conducting the
evaluation
and reporting the results to the engineer in charge.
Under the direction of, and subject to the authority of, the principal, the
Food Service Manager is responsible at
all times for the proper operation and maintenance of the lunch room to which
he is assigned and shall also be responsible for the orientation, training, and
supervising the work of cooks, bakers, porters,
and lunchroom attendants under his or
her direction.
There shall be established by the Board a system of semi-annual
evaluations conducted by the principal as to the performance of the food
service manager.
Nothing in this Section shall prevent the principal from conducting
additional evaluations. An overall numerical rating shall be given by the
principal based on the
evaluation conducted by the principal. An unsatisfactory numerical rating
shall
result in disciplinary action which may include, without limitation and in
the judgment of the principal, loss of promotion or bidding procedure,
reprimand, suspension with or without pay, or recommended dismissal. The board
shall establish rules for conducting the evaluation and
reporting the results to the food service manager.
Nothing in this Section shall be interpreted to require the employment or
assignment of an Engineer-In-Charge or a Food Service Manager for each
attendance center.
Principals shall be employed to supervise the educational operation of
each attendance center. If a principal is absent due to extended
illness or leave of absence, an assistant principal may be assigned as
acting principal for a period not to exceed 100 school days. Each principal
shall assume administrative responsibility and instructional leadership, in
accordance with reasonable rules and regulations of the board, for the
planning, operation and evaluation of the educational program of the
attendance center to which he is assigned. The principal shall submit
recommendations to the general superintendent concerning the appointment,
dismissal, retention, promotion, and assignment of all personnel assigned to
the attendance center; provided, that from and after September 1, 1989: (i) if
any vacancy occurs in a position at the
attendance center or if an additional or new position is created at the attendance center, that position shall be filled
by appointment made by the principal in accordance with procedures
established and provided by the Board
whenever the majority of the duties included in that position are to be
performed at the attendance center which is under the principal's supervision,
and each such appointment so made by the principal
shall be made and based upon merit and ability to perform in that position
without regard to seniority or length of service, provided, that such
appointments shall be subject to the Board's desegregation obligations,
including but not limited to the Consent Decree and Desegregation Plan in
U.S. v. Chicago Board of Education; (ii)
the principal shall submit recommendations based upon merit and ability to
perform in the particular position, without regard to
seniority or length of service, to the general
superintendent
concerning the appointment of any teacher, teacher aide, counselor, clerk,
hall guard, security guard and any other personnel which is
to be made by the general superintendent whenever less than
a majority
of the duties of that teacher, teacher aide, counselor, clerk, hall guard,
and security guard and any other personnel are to be performed
at the attendance center which is under the principal's supervision; and
(iii) subject to law and the applicable collective bargaining agreements,
the authority and responsibilities of a principal with respect to the
evaluation of all teachers and other personnel assigned to an attendance
center shall commence immediately upon his or her appointment as principal
of the attendance center, without regard to the length of time that he or
she has been the principal of that attendance center.
Notwithstanding the existence of any other law of this State, nothing in
this Act shall prevent the board from entering into a contract with a third
party for services currently performed by any employee or bargaining unit
member.
Notwithstanding any other provision of this Article, each principal may
approve contracts, binding on the board, in the amount of no more than $10,000,
if the contract is endorsed by the Local School Council.
Unless otherwise prohibited by law or by rule of the board, the principal
shall provide to local
school council members copies of all
internal audits and any other pertinent information generated by any audits or
reviews of the programs and operation of the attendance center.
Each principal shall hold a valid Professional Educator License issued in accordance with Article 21B and endorsed
as required by that Article for the position of principal. The board may
establish or impose clear, specific, explicit, and objective academic,
educational, examination, and experience requirements and
criteria that are in addition
to those established and required by Article 21B for issuance of a valid license
endorsed for the position of principal as a condition of the nomination, selection,
appointment,
employment, or continued employment of a person as principal of any
attendance center or as a condition of the renewal of any principal's
performance contract. If the additional requirements and criteria result or may result in the exclusion of an otherwise qualified and licensed candidate from being eligible for selection to serve as a principal of an attendance center, then the board shall maintain a public database that includes the names of all the candidates who are eligible to be selected as a principal and who do not choose to not have their name included in the database. The board shall give notice of no less than 30 days to all otherwise qualified and licensed candidates each quarter of their ability to be included in the database and shall make updates to the database within no more than 10 days after the end of the quarter for which notice is given.
The board must establish standards and procedures to ensure that no candidate is deemed ineligible to be selected as a principal for reasons that are not directly related to the candidate's anticipated performance as a principal. The standards and procedures established by the board must do all of the following: (1) Set forth all of the specific criteria used by | | the board to make decisions concerning the eligibility of candidates.
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| (2) Provide each candidate with a written,
| | competency-aligned score report and evidence-based rationale related to the scoring criteria for each competency area.
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| (3) Provide remediation goals and other supportive
| | services to assist a candidate in correcting any deficiencies identified by the board in the board's rationale.
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| (4) Include provisions to ensure that no person is
| | discriminated against on the basis of conscious or implicit biases associated with race, color, national origin, or a disability that is unrelated to the person's ability to perform the duties of a principal.
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| The board, in cooperation with the organization that represents the district's principals and assistant principals, must establish a grievance and hearing procedure for those candidates the general superintendent or the general superintendent's designee has deemed ineligible to serve as principal of an attendance center or whose eligibility has been slated for revocation. The evaluator must be a State Board of Education-trained principal evaluator or must receive such training before rendering a decision. The hearing officer must receive sufficient training in principal evaluation processes and criteria to render an informed decision.
Within 10 days after the general superintendent or the general superintendent's designee determines that a candidate is ineligible or makes a decision to revoke the eligibility of an administrator, the general superintendent or the general superintendent's designee must notify the candidate or administrator, in writing, of the specific reasons for the general superintendent's or the general superintendent's designee's determination of the candidate's or administrator's ineligibility. Within 30 days after receiving this notification, the candidate or administrator may request that the general superintendent or the general superintendent's designee initiate a review of the decision through the grievance and hearing process established pursuant to this Section.
In the case of a principal who is deemed ineligible based on a performance evaluation, the evaluator conducting the review must consider as evidence of the principal's performance any local school council evaluation that covers the same evaluation period. If a decision to revoke eligibility is grieved, the administrator shall remain on the eligibility list until the administrator receives a decision in the grievance. However, prior to any hiring decision, the board may communicate to any local school council that the administrator has a grievance pending while the grievance is pending. The grievance decision shall be binding on the principal and the board.
If performance evaluations are included in the criteria used by the board in determining that a principal is no longer eligible to seek a principal position at an attendance center, the board's criteria must use the standard of either an unsatisfactory summative evaluation or 2 or more basic or lower summative performance evaluations within a period of 7 school years, except as provided below in the case of a principal who is in his or her first principal position. A principal with summative performance evaluations of basic in the principal's first 2 school years in that role shall not impact a principal's eligibility status if the principal earns an increased numerical rating in at least one competency domain while maintaining ratings on all other competency domains in the school year immediately following the basic rating. A principal who is deemed ineligible based on a performance evaluation may request that the general superintendent review that determination under the grievance procedure, in which case the general superintendent's designee must be a State Board of Education-trained principal evaluator, and, in conducting that review, the general superintendent's designee must consider any local school council evaluation that covers the same evaluation period. If an individual evaluator rates an individual principal as unsatisfactory for the first time, the board may not determine that a principal is no longer eligible to serve as a principal based on performance evaluations from that evaluator if, during the same school term of service, the local school council's evaluation of the principal's performance was distinguished. If a principal has been deemed ineligible based on a performance evaluation, the principal's status is restored to eligible when the principal receives a proficient or higher summative performance evaluation rating, provided the principal meets all other criteria for eligibility.
The board shall specify in its formal job description for principals,
and from and after July 1, 1990 shall specify in the 4 year
performance contracts for use with respect to all principals,
that his or her primary responsibility is in the improvement of
instruction. A majority of the time spent by a principal shall be spent on
curriculum and staff development through both formal and informal
activities, establishing clear lines of communication regarding school
goals, accomplishments, practices and policies with parents and teachers.
The principal, with the assistance of the local school council, shall
develop a school improvement plan as provided in Section 34-2.4 and, upon
approval of the plan by the local school council, shall
be responsible for directing implementation of the plan. The principal,
with the assistance of the professional personnel leadership committee, shall
develop the specific methods and contents of the school's curriculum within
the board's system-wide curriculum standards and objectives and the
requirements of the school improvement plan. The board shall ensure that all
principals are evaluated on their instructional leadership ability and their
ability to maintain a positive education and learning climate. It shall also
be the responsibility of the principal to utilize resources of proper law
enforcement agencies when the safety and welfare of students and teachers are
threatened by illegal use of drugs and alcohol, by illegal use or possession
of weapons, or by illegal gang activity.
Nothing in this Section shall prohibit the board and the exclusive representative of the district's teachers from entering into an agreement under Section 34-85c of this Code to establish alternative procedures for teacher evaluation, remediation, and removal for cause after remediation, including an alternative system for peer evaluation and recommendations, for teachers assigned to schools identified in that agreement.
On or before October 1, 1989, the Board of Education, in consultation
with any professional organization representing principals in the district,
shall promulgate rules and implement a lottery for the purpose of
determining whether a principal's existing performance contract (including
the performance contract applicable to any principal's position in which a
vacancy then exists) expires on June 30, 1990 or on June 30, 1991, and
whether the ensuing 4 year performance contract begins on July 1, 1990 or
July 1, 1991. The Board of Education shall establish and conduct the
lottery in such manner that of all the performance contracts of principals
(including the performance contracts applicable to all principal positions
in which a vacancy then exists), 50% of such contracts shall expire on June
30, 1990, and 50% shall expire on June 30, 1991. All persons serving as
principal on May 1, 1989, and all persons appointed as principal after May
1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner other than
as provided by Section 34-2.3, shall be deemed by operation of
law to be serving under a performance contract which expires on June 30,
1990 or June 30, 1991; and unless such performance contract of any such
principal is renewed (or such person is again appointed to serve as
principal) in the manner provided by Section 34-2.2 or 34-2.3, the
employment of such person as principal shall terminate on June 30, 1990
or June 30, 1991.
Commencing on July 1, 1990, or on July 1, 1991, and thereafter, the
principal of each attendance center shall be the person selected in the
manner provided by Section 34-2.3 to serve as principal of that attendance
center under a 4 year performance contract. All performance contracts of
principals expiring after July 1, 1990, or July 1, 1991, shall commence on
the date specified in the contract, and the renewal of their performance
contracts and the appointment of principals when their performance contracts
are not renewed shall be governed by Sections 34-2.2 and 34-2.3. Whenever a
vacancy in the office of a principal occurs for any reason, the vacancy shall
be filled by the selection of a new principal to serve under a 4 year
performance contract in the manner provided by Section 34-2.3.
The board of education shall develop and prepare, in consultation with
the organization representing principals, a performance contract for
use
at all attendance centers, and shall furnish the same to each local school
council. The term of the performance contract shall be 4 years, unless the
principal is retained by the decision of a hearing officer pursuant to
subdivision 1.5 of Section 34-2.3, in which case the contract shall be
extended for 2 years. The performance
contract of each principal shall consist of the
uniform performance contract, as developed or from time to time modified by the
board, and such additional criteria as are established by a local school
council pursuant to Section 34-2.3 for the performance contract of its
principal.
During the term of his or her performance contract, a principal may be
removed only as provided for in the performance contract except for cause.
He or she shall also be obliged to follow the rules of the board of
education concerning conduct and efficiency.
In the event the performance contract of a principal is not renewed or a
principal is not reappointed as principal under a new performance contract,
or in the event a principal is appointed to any position of
superintendent or higher position, or voluntarily
resigns his position of principal, his or her employment as a principal
shall terminate and such former principal shall not be
reinstated to the position from which he or she was promoted to principal,
except that he or she, if otherwise qualified and licensed in accordance
with Article 21B, shall be placed by the board on appropriate eligibility
lists which it prepares for use in the filling of vacant or additional or
newly created positions for teachers. The principal's total years of
service to the board as both a teacher and a principal, or in other
professional capacities, shall be used in calculating years of experience
for purposes of being selected as a teacher into new, additional or vacant
positions.
In the event the performance contract of a principal is not renewed or
a principal is not reappointed as principal under a new performance
contract, such principal shall be eligible to continue to receive his or
her previously provided level of health insurance benefits for a period of
90 days following the non-renewal of the contract at no expense to the
principal, provided that such principal has not retired.
(Source: P.A. 102-894, eff. 5-20-22; 102-1139, eff. 2-10-23.)
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105 ILCS 5/34-8.1a
(105 ILCS 5/34-8.1a)
Sec. 34-8.1a.
Waiver of collective bargaining agreement provisions.
Notwithstanding the provisions of any law or collective
bargaining agreement to
the
contrary, the principal, with the concurrence of at least 63.5% through August
31, 1995, and 51% thereafter of an
attendance
center's personnel in the teachers' bargaining unit, whether
certificated or uncertificated
non-academic, shall have the right to declare waived and superseded a provision
of the teachers' collective bargaining
agreement as it applies in or at the
attendance center to the bargaining unit's employees.
Any collective bargaining agreement
entered into after the effective date of this amendatory Act of 1995 with a
bargaining unit other than the teachers' bargaining unit shall contain a
waiver procedure that meets
the requirements of this Section.
Any waiver approved as provided in this Section shall be final upon
concurrence of the required percentage of personnel and shall not be subject to
approval or rejection by a bargaining unit or a committee of the bargaining
unit.
(Source: P.A. 88-511; 89-15, eff. 5-30-95.)
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105 ILCS 5/34-8.1b
(105 ILCS 5/34-8.1b)
Sec. 34-8.1b. (Repealed).
(Source: P.A. 89-15, eff. 5-30-95. Repealed by P.A. 102-1138, eff. 2-10-23.)
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105 ILCS 5/34-8.3
(105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
Sec. 34-8.3. Remediation and probation of attendance centers.
(a) The general superintendent shall monitor the
performance of the
attendance centers within the district and shall
identify
attendance centers, pursuant to criteria that the board shall establish,
in which:
(1) there is a failure to develop, implement, or | | comply with a school improvement plan;
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(2) there is a pervasive breakdown in the educational
| | program as indicated by factors, including, but not limited to, the absence of improvement in student reading and math achievement scores, an increased drop-out rate, a decreased graduation rate, and a decrease in rate of student attendance;
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(3) (blank); or
(4) there is a failure or refusal to comply with the
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(b) If the general superintendent identifies a
nonperforming school
as described herein, he or she shall place the attendance center on
remediation by developing a remediation plan for the center. The purpose
of the remediation plan shall be to correct the deficiencies in the
performance of the attendance center by one or more of the following methods:
(1) drafting a new school improvement plan;
(2) applying to the board for additional funding for
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(3) directing implementation of a school improvement
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(4) mediating disputes or other obstacles to reform
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Nothing in this Section removes any authority of the local school council, which shall retain the right to reject or modify any school improvement plan or implementation thereof, as long as the rejection or modification of any school improvement plan or implementation thereof is consistent with State and federal requirements.
If, however, the general superintendent determines that
the problems
are not able to be remediated by these methods, the
general superintendent shall place the attendance center on probation.
The board shall establish guidelines that determine the factors for placing
an attendance center on probation.
(c) Each
school placed on probation shall have a school improvement plan
and school budget for correcting deficiencies identified
by the board. The plan shall
include specific steps that the local school council and school staff must
take to correct identified deficiencies and specific objective criteria
by which the
school's subsequent progress will be determined.
The school budget shall include specific expenditures directly calculated to
correct educational and operational deficiencies identified at the school by
the probation team.
(d) Schools placed on probation that, after a maximum of one year, fail
to make
adequate progress in correcting deficiencies are subject to the following actions
by the general superintendent with the approval of the board, after
opportunity for a hearing:
(1) Ordering new local school council elections.
(2) Removing and replacing the principal.
(3) Replacement of faculty members, subject to the
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(4) Reconstitution of the attendance center and
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(5) Intervention under Section 34-8.4.
(5.5) Operating an attendance center as a contract
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(6) Closing of the school.
(e) Schools placed on probation shall remain on probation from year to
year until deficiencies are corrected, even if such schools make acceptable
annual progress.
The board shall establish, in writing, criteria for determining whether or
not a school shall remain on probation. If academic achievement tests are used
as the factor for placing a school on probation, the general superintendent
shall consider objective criteria, not just an increase in test scores, in
deciding whether or not a school shall remain on probation. These criteria
shall include attendance, test scores, student mobility rates, poverty rates,
bilingual education eligibility, special education, and English language
proficiency programs, with progress made in these areas being taken into
consideration in deciding whether or not a school shall remain on probation. Such criteria shall be delivered to each local school council on or before October 31 of each year.
(e-5) Notwithstanding any other provision of this Section to the contrary, a school that has been on probation for 5 years or more shall have the following powers restored to its local school council:
(1) to grant approval of the school improvement plan;
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With respect to the employment, dismissal, and evaluation of a school principal, the local school council of a school that has been on probation for 5 years or more shall conduct a non-binding poll that must be considered by the network chief. The network chief shall work collaboratively with the local school council throughout the process of employment, dismissal, and evaluation of a school principal.
(f) Where the board
has reason to believe that violations of
civil rights, or of civil or criminal law have occurred, or when the general
superintendent deems that the school is in educational crisis it may take
immediate corrective action, including the actions specified in this Section,
without first placing the school on remediation or probation. Nothing
described herein shall limit the authority of the board as provided by any law
of this State. The board shall
develop criteria governing the determination regarding when a school is in
educational crisis. Such criteria shall be delivered to each local school council on or before October 31 of each year.
(g) All persons serving as subdistrict superintendent on May 1, 1995 shall
be deemed by operation of law to be serving under a performance contract which
expires on June 30, 1995, and the employment of each such person as subdistrict
superintendent shall terminate on June 30, 1995. The board shall have no
obligation to compensate any such person as a subdistrict superintendent after
June 30, 1995.
(h) The general superintendent shall, in
consultation with local
school councils, conduct an annual evaluation of each principal in the
district pursuant to guidelines promulgated by the Board of
Education.
(Source: P.A. 102-677, eff. 12-3-21.)
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105 ILCS 5/34-8.3a
(105 ILCS 5/34-8.3a)
Sec. 34-8.3a.
Financial supervision of attendance centers.
(a) A fiscal advisor that has been appointed pursuant to subsection (a) of
Section 34-2.1
of this Code shall, not later than 90 days after his or her appointment, report
to the general
superintendent, the board of education, the local school council, and the
principal of the school on
the progress made in addressing any of the financial deficiencies. If the
fiscal advisor determines
that the attendance center has rectified all identified deficiencies or has made satisfactory
progress in addressing identified deficiencies such that the deficiencies shall be corrected
subsequent to the 90-day period, no further action shall be taken by the
Board. If, however, the local school council and the principal have not
rectified or made satisfactory progress in correcting identified deficiencies,
the general superintendent may appoint a financial supervision team,
consisting of the fiscal advisor, the general superintendent or his or her
designee, and a representative of an outside, independent auditor. Financial
supervision teams may develop and implement school budgets to correct the
financial irregularities identified in the fiscal advisor's report. The
budget shall identify specifically those expenditures that directly correct
the irregularities identified in the fiscal advisor's report. Financial
supervision teams shall institute systems and procedures necessary to achieve
appropriate fiscal management at the school.
(b) Financial supervision teams may modify an existing school improvement
plan only to the extent necessary to implement the school budget it develops.
Modifications to a school improvement plan shall include specific steps that
the local school council and school staff must take to correct each specific
financial irregularity identified by the fiscal advisor's report. The
modifications to a school improvement plan shall further specify objective
criteria by which the deficiencies identified in the fiscal advisor's report
are to be corrected. The local school council and school staff shall be
consulted on the school budget and modifications to the school improvement
plan to be implemented by the financial supervision team but will have no
authority to modify either.
(c) Upon implementation of the budget developed by the financial supervision
team, and accompanying modifications to a school improvement plan, the
financial supervision team's authority to conduct fiscal or related educational
management of a school shall cease.
(Source: P.A. 91-622, eff. 8-19-99.)
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105 ILCS 5/34-8.4
(105 ILCS 5/34-8.4)
Sec. 34-8.4.
Intervention.
The Chicago Schools Academic Accountability Council may recommend to the
Chicago School Reform Board of Trustees that any school placed on remediation
or probation under Section 34-8.3 or schools that for the 3 consecutive
school years of 1992-1993, 1993-1994, and 1994-1995 have met the State Board of
Education's category of "does not meet expectations" be made subject to
intervention under this Section 34-8.4. In addition to any powers created
under this Section, the Trustees shall have all powers created under Section
34-8.3 with respect to schools subjected to intervention.
Prior to subjecting a school to intervention, the Trustees shall conduct a
public hearing and make findings of facts concerning the recommendation of the
Chicago Schools Academic Accountability Council and the factors causing the
failure of the school to adequately perform. The Trustees shall afford an
opportunity at the hearing for interested persons to comment about the
intervention recommendation. After the hearing has been held and completion of
findings of fact,
the Trustees shall make a determination whether to subject the school to
intervention.
If the Trustees determine that a school shall be subject to intervention
under this Section, the Trustees shall develop an intervention implementation
plan and shall cause a performance evaluation to be made of each employee at
the school. Upon consideration of such evaluations, and consistent with the
intervention implementation plan, the Trustees may reassign, layoff, or
dismiss any employees at the attendance center, notwithstanding the provisions
of Sections 24A-5 and 34-85.
The chief educational officer shall appoint a principal for the school and
shall set the terms and conditions of the principal's contract, which in no
case may be longer than 2 years. The principal shall select all teachers and
non-certified personnel for the school as may be necessary. Any provision of
Section 34-8.1 that conflicts with this Section shall not apply to a school
subjected to intervention under this Section.
If pursuant to this Section, the general superintendent, with the approval of
the board, orders new local school council elections, the general
superintendent shall carry out the responsibilities of the local school council
for a school subject to intervention until the new local school council members
are elected and trained.
Each school year, 5% of the supplemental general State aid
funds distributed to a school subject
to intervention during that school year under subsection 5(i)(1)(a)
of part A of Section 18-8 or subsection (H) of Section 18-8.05 shall be
used for employee performance incentives.
The Trustees shall prepare a report evaluating the results of any interventions
undertaken pursuant to this Section and shall make recommendations concerning
implementation of special programs for dealing with underperforming schools on
an ongoing basis. This report shall be submitted to the State Superintendent
of Education and Mayor of the City of Chicago by January 1, 1999.
(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97; 90-548, eff. 1-1-98.)
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105 ILCS 5/34-8.5
(105 ILCS 5/34-8.5)
Sec. 34-8.5.
(Repealed).
(Source: Repealed by P.A. 89-3, eff. 2-27-95.)
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105 ILCS 5/34-8.6
(105 ILCS 5/34-8.6)
Sec. 34-8.6.
Short title.
Sections 34-8.6 through 34-8.19 of this Act
may be cited as the Chicago Learning Zone Implementation Law.
(Source: P.A. 89-3, eff. 2-27-95.)
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105 ILCS 5/34-8.7
(105 ILCS 5/34-8.7)
Sec. 34-8.7.
Findings.
The General Assembly observes that the Chicago
Learning Zone Advisory Committee has issued its report and recommendations.
The General Assembly finds, after due consideration of the Committee's report
and
recommendations, that establishment of a Chicago Learning Zone designation, as
the educational version of enterprise zones, will create an opportunity to
accelerate the process of Chicago school reform. The General Assembly further
finds that the Chicago Learning Zone will offer a fundamental change in
operations from a mode of following regulations to an outcome mode, that this
change will be one which concentrates on improving academic achievement in ways
that can be utilized to reform the system, and that this change will be
predicated on the overriding philosophy that attendance centers should be
empowered to develop models most appropriate to their situations.
The General Assembly further observes that the value of a learning experience
is determined by the outcomes achieved, not by the time or place of attendance;
and, it finds that Learning Zone schools should have the ability to operate
without State laws and regulations, board rules, and policies, and the ability
to operate with contractual waivable conditions by a vote of the school staff
governed by the contracts. Accordingly, the General Assembly finds that the
educational needs of the schoolchildren of Chicago
will be served by establishing a Chicago Learning Zone.
(Source: P.A. 89-3, eff. 2-27-95; 89-15, eff. 5-30-95.)
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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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